The case of the Winklvoss twins accusing Mark Zuckerberg of stealing their idea in the creation of Facebook is news around the world and as such is equally relevant here in the UK in raising the question of whether an idea can be protected and if so how?
Under UK law the protections offered vary greatly as an idea can take many forms and it is the form that the idea takes that results in the type and level of protection that it is afforded.
To establish the protection given to an idea it needs to be established:
How is it presented?
Is it in a written or recorded form?
Is it a method or process?
Is it an item or tangible object?
How did the idea come about?
Is the idea confined to the UK, or is international protection necessary?
The underlying principle behind these questions is clear - if the idea is formally recorded either through trademark, patent, design or copyright, it is much easier to enforce should any alleged breach occur.
As can be seen from the Facebook dispute failure to record an idea can be costly…
Find out more about Hart Browns Commercial Business department
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