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You can usually get permission to use someone else鈥檚 intellectual property (IP) by buying the rights from them or getting their permission to use it.

Using someone鈥檚 trade mark, patent, copyright or design without their permission is known as 鈥�IP infringement鈥� and could lead to a fine, prison or both.

Read about IP crime and enforcement for more information on the penalties.

To use an existing trade mark you should contact the current owner.

Find the owner of a registered trade mark by searching the trade marks database.

Licensing

A licence is a formal agreement to use someone else鈥檚 trade mark. You and the owner must agree the terms of the licence, for example the cost or how long it will last.

When you鈥檝e agreed a licence to use the trade mark, fill in the form to record a licensee and post it. The address is on the form.

Post an application to remove or amend the record of a licence when the licensing agreement ends or if you need to change it.

Each application costs 拢50.

Buying

You must tell IPO if you become the new owner of a trade mark, for example by buying it or as the result of a company merger.

In some cases the owner may only sell you one part of a trade mark, for example they may not sell the right to register derivative marks. This is known as a 鈥榩artial assignment鈥�.

Use either:

• 鈥楢pplication to record a change of ownership鈥� form
• 鈥楢pplication to record a partial assignment of goods and/or services鈥� form

Each application costs 拢50.

Fill in the form and post it. The address is on the form.

Coexistence agreements

You may be able to use an identical trade mark (for example company name, logo) as someone else by making a coexistence agreement.

This means you agree that both of you can continue to use the trade mark.

Contact the owner of the patent to see if they鈥檒l:

• license it to you
• sell it to you

Search the patent databases to find the current owner.

Licensing

Any licence arrangement, including cost, is made directly between you and the patent owner.

You can ask Intellectual Property Office (IPO) for help to resolve patent disputes if you can鈥檛 reach an agreement.

IPO can鈥檛 decide the exact terms of the licence (for example the price) but can decide:

• what can and can鈥檛 be part of a licence
• if the patent owner must grant you a licence (known as a 鈥榗ompulsory licence under a patent鈥�)

Licence of right

A patent with 鈥榣icence of right鈥�, means that the patent owners will give anyone a licence to use it.

You must still agree with the owner on the terms of the licence before you can use the patent.

You can ask IPO for help if you can鈥檛 reach agreement.

Registering your licence

Register a licence agreement (or changes to an existing licence, for example cancellation) by filling in Patents form 21. Send it to the address on the form.

You can use the form to record licences on more than one patent. It costs 拢50 for each form you submit.

Buying a patent

When someone sells you a patent they must transfer ownership to you.

You need a written document to record the transfer. This is known as an 鈥榓ssignment鈥� and must be signed by the person selling the patent.

A solicitor can help you draw up this document.

Fill in Patents form 21 and return it to the address on the form. Include a copy of your assignment.

You can use the form to record licences on more than one patent. It costs 拢50 for each form you submit.

You can鈥檛 copy or use copyright material without permission. For example, you can鈥檛 buy a painting and then use copies of it for a book cover, or buy a CD and use a track from it in a film.

To use something protected by copyright you must either:

• agree a licence with the owner to use it
• buy or acquire the copyright
• confirm that your intended use falls within the exceptions to copyright

Finding a copyright owner

A person can give permission if they are:

• the person who made it (the creator), or their family or heirs
• the creator鈥檚 employer, if it was created it as part of the creator鈥檚 job
• a person who bought, acquired or licensed the rights
• an organisation representing the copyright owner

You may be able to from Writers, Artists and their copyright holders (WATCH).

If you can鈥檛 find out who the copyright owner is check if you need a licence to use the work.

Licensing

You must agree the terms of an agreement with the current owner to use all or part of copyright works.

The licence agreement may allow you to use it for one or more specified purposes and may apply only for a limited time or in specific places.

Exclusive use

You鈥檒l be the only person able to use something for the duration of the agreement.

This includes the copyright owner, who won鈥檛 be able to use it themselves while the agreement is in place.

Limited use

You鈥檒l only be given permission to use something for one or more specific reasons, for example publishing a photograph in one edition of a magazine or using a song as the theme for one series of a TV show.

You need to agree another licence if you want to use the material for something else.

Creative Commons licence

Some copyright owners .

You must check what kind of use the licence allows.

Buying copyright

When you buy copyright the person you鈥檙e buying from transfers the copyright to you.

Once you own the copyright to something you can use it for anything you like, without the creator鈥檚 express permission, as long as you respect their moral rights.

You must have a written agreement, signed by the copyright owner, stating that they have transferred ownership of the copyright to you.

Moral rights

The creator may still have certain rights regarding how their work is used even if you鈥檝e bought the copyright.

Authors, playwrights, composers, artists and film directors have the moral right:

• to be recognised as the creator of the work when copies are made available to the public
• to object to the work being altered in a way that has negative effect on their reputation
• to not have someone else鈥檚 work falsely attributed to them

Performers, such as actors or dancers, have the moral right:

• to be recognised as the performer of the piece
• to object to the performance being altered in a way that is damaging to their reputation

The creator or performer of a piece of work to which you own the copyright must tell you if they want to exercise these rights.

They can choose whether or not to use their moral rights.

Moral rights can鈥檛 be sold or transferred in the same way as copyright. They last for as long as the piece of work is covered by copyright.

Performers鈥� rights

Performers, for example in films or broadcasts, may still have 鈥榚conomic rights鈥� to some copyright material, even if you鈥檝e bought the copyright.

For example, if you鈥檝e bought the copyright to a filmed recording of a play you may still have to pay the actors if you broadcast it.

Permitted use of copyright works

You may not need permission if you鈥檙e using a copyright work for the following reasons:

• non-commercial research and private study
• criticism, review and reporting current events
• teaching in educational establishments
• helping disabled people
• recording for use at a later date

You may not need permission if you only want to use a 鈥榣ess than a substantial鈥� part of a copyright protected work. This is decided on a case by case basis.

Generally something won鈥檛 be less than a substantial part if it could be seen as an important part of the work, for example a frame from a film or the conclusions of a report.

Read the guidance on exceptions to copyright for detailed information.

To use a registered design you must contact the current owner and either agree a licence to use the design or buy it from them.

The licence between you and the design鈥檚 owner will tell you:

• what you can do with the design
• how long your licence will last
• what you have to pay - if anything

You can do anything with a design that you鈥檝e bought.

Fill in and send form DF12A to register a licence or transfer ownership of the design - the address is on the form.

There鈥檚 no fee.