Skip to content
All posts

What steps can I take to protect my company's intellectual property?

As a lawyer, I recommend taking the following steps to protect your company's intellectual property:

  1. Identify what intellectual property you have: Intellectual property can be broadly classified into four categories - patents, trademarks, copyrights, and trade secrets. Identify which category your intellectual property falls into and what specific assets fall under that category. This will help you determine how to protect it.
  2. Register your intellectual property: In many jurisdictions, it is necessary to formally register your intellectual property to have legal protection. For example, trademarks and patents need to be registered with specific government agencies. Copyright protection is automatically granted to original works without registration, but it may be beneficial to register your copyright to establish evidence of ownership. Consult with an attorney to determine what registration requirements apply to your intellectual property.
  3. Use appropriate legal contracts and agreements: Having appropriate legal contracts and agreements in place can help limit the unauthorized use of your intellectual property. For example, a non-disclosure agreement (NDA) can prevent employees or third-party vendors from disclosing sensitive information. A licensing agreement can dictate the terms of how your intellectual property can be used by others. Consult with an attorney to prepare contracts and agreements tailored to your situation.
  4. Monitor for infringement: Regular monitoring of your intellectual property is crucial to identifying and addressing infringement. This can be done through online and offline searches, hiring a private investigator, or working with third-party monitoring services. If you identify infringement, take prompt action to seek redress. Consult with an attorney to determine what legal options are available to you.
  5. Educate your employees: Educating your employees on the value of intellectual property and how to protect it can help prevent inadvertent disclosure or misuse. Provide regular training that highlights the importance of confidentiality and intellectual property protection.
  6. Use technology tools: Technology tools, such as encryption, digital watermarking, and access controls, can help protect your intellectual property from unauthorized access or use. Consult with an IT professional to determine what technology tools may be appropriate for your needs.

Limitations: While taking the above steps can help protect your company's intellectual property, it does not guarantee complete protection. There may be limitations imposed by legal requirements, the nature of the intellectual property, and the capabilities of infringers. Consult with an attorney to determine the extent of protection available and what additional steps may be necessary.

Further action: If you identify infringement of your intellectual property, consider taking legal action to enforce your rights. This may include filing a lawsuit, sending a cease-and-desist letter, or filing a complaint with relevant authorities. Consult with an attorney to determine what legal action may be appropriate in your situation.