When you’re in business your intellectual property (IP), from patents to trade secrets, needs to be protected. Copying your IP without your permission is theft and could prove costly to rectify. The same is true of the IP of others so you need to take care not to accidently violate someone else’s IP. Understanding what constitutes intellectual property and how you can go about protecting it is crucial.
What is intellectual property?
Intellectual property is defined by the Cambridge online dictionary as “someone’s idea, invention, creation, etc., that can be protected by law from being copied by someone else” In other words an original creation whether it be a piece of artwork, an invention or a receipe for a unique perfume.
The word ‘property’ describes the category of protections which include copyright, patents, trademarks and trade secrets.
Copyright
Copyright is probably the most common form of IP and covers a wide range of work whether written, played or the product of an artist. You can copyright everything from a simple blog or ring tone to a literary or musical masterpiece. If the work was original and created by you, it can be copyrighted.
Patents
If you have a unique invention, process or mechanism you may be able to apply for a patent. Patents provide protection against anyone using your invention without your permission for a designated period of time. Importantly, the process of applying for a patent involves publicising your application. This allows others the opportunity to object if they feel your invention is not unique.
Given the financial advantage exclusive use of your invention might provide a business, the attraction of a patent goes without saying.
Trade marks
Trademarks are logos, names, images, and other symbols that are used to identify a product or service and distinguish it from those of other companies. These trade markable assets are what constitute a company’s brand and a company will typically invest a lot of money to establish that brand in the market. The benefit of protecting that investment more than justifies the need to trade mark.
Trade secrets
Trade secrets refer to confidential information about an organisation’s processes or products that gives it a competitive edge over its rivals. This could be anything from a special ingredient in a sauce to a unique process in production of a product or service. This form of protection prevents your trade secret from being used by a competitor or made public without your permission.
How do you protect your intellectual property?
The most obvious and reliable way to protect your intellectual property is to register it. In the UK you would do that via the Intellectual Property Office (IPO). In the US it would the United States Patent and Trade Mark Office. Other countries will have their equivalents. If you’re unsure what kind of IP potection you need more information can be found for those in the UK at the government website. Using the letters TM next to an asset you intend to trade mark indicates your intention to do so and offers protection while your application is being processed.
In the UK copyright and design protection is automatic. You would need to evidence the work is yours if you want to challenge someone’s use of it so make sure you keep the original copy and your notes or sketches. Using the copyright symbol © next to your original material will also indicate your ownership.
How to avoid infringing the IP assets of others
Given the importance of intellectual property to a company the last thing you want to do is infringe the rights of others. Research the name, colours, design and any logos before investing in creating a brand for your business. If someone contacts you regarding an alleged infrigement take it seriously and dont be defensive. If you have infringed someone elses copyright and it was clearly accidental and you’re willing to rectify the situation they are unlikely to take the matter further with, for instance, legal action.
If you quote another person or company always cite their work, don’t just copy web content or images from another website without asking permission. Check the terms of use for any detail on copying. Some businesses allow some content to be copied for some purposes without seeking permission.
Use evolving technologies with caution. AI is become more and more common place in business as the benefits are becoming more evident. Make sure any work, whether a graphic image or written content for your website or other purpose, is original. If written, make sure any reference to the material of others cites the source. While a great resource with incredible potential, there is still some need for clarification regarding how AI creates work with some claims of plagiarism.
And finally…
If you have created something original and want to control the use of it you will need to protect it. If you have an invention that is likely to be in demand your protection could be central to the financial viability of your company. Research of any intellectual property is important. Even if you dont want to formally register your IP you would want to ensure you are not investing money in an idea or design you will later need to abandon because it infringes the copyright of someone else. Time put in at the start of developing IP is worth the effort and could save you time and money in the long term.