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Top 5 - IP Tips for Influencers 

 

1) Protection - Try to obtain registered protection for your brand e.g. your name, logo, domain etc. If you have registered your trade mark, you can use the ®, if not registered, you can use TM. 

 

2) Content Ownership - If you create content, you should clarify in any agreement with the business that commissioned you that the ownership of any rights in the content belong to you.

 

3) Licences - Once you have ensured that you own the content in any agreement, the right to use the content can be granted through a licence (consider duration & usage).

 

4) Collaboration/partnerships - Influencers must be transparent about sponsored content and ensure that they do not breach advertising regulations (e.g. using #ad or #pr). 

 

5) Exclusivity - Many companies require a degree of exclusivity when working with influencers, which means you might not be able to work with any of their competitors. It is important to consider the duration of exclusivity and any impact on your brand. 

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Six years on from the Brexit referendum, we can happily say that the measures put in place for trade marks and designs have been successful in delivering a smooth transition. But IP owners now need to pay attention to upcoming changes to rights of representation, particularly in light of the huge growth in applications at the UK IPO.

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