Real Estate Guide to IP - Updated for 2023

In conjunction with our Real Estate division, the Herbert Smith Freehills London IP group has published a guide to the intellectual property issues that can arise in relation to real estate.

It can be the case that sites or buildings are purchased without necessarily considering fully whether the underlying intellectual property assets are being transferred and what future access or control the new owner may need, or the vendor wish to retain.

Key areas may include access to and rights to copy and use plans, or any marketing materials showing layouts or photographs of the property which the purchaser may wish to reuse. The control of the website for the building including the domain name should be considered, as well as more obvious things like the branding of the building or use of the name under which it was previously known. Social media accounts and any apps connected to the property will also need to be assessed and control gained when ownership of the real estate is transferred.

Here are a few questions those involved should be asking:

• Does your property have a distinctive name or logo?
• Is there a website or an app associated with your property?
• Is there content on that website or app that the new owner would like to reuse or control?
• Are there social media accounts that specifically relate to the property? Do these need to be transferred or deactivated?
• Are there architectural plans that might be needed for redevelopment or planning applications?
• Are there marketing materials which might be needed by the new owner?

Read our Real Estate Guide to IP for answers to these and many other intellectual property issues that can arise in relation to real estate.

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