5. Protecting IP

Creating awareness of the value of IP creates a culture of protecting business value.  Once a decision has been made to proceed with any form of IP protection, the process of obtaining protection should be initiated by engaging a professional to assist.

a. Confidentiality Program

An organisation wide awareness and educational program will educate all employees, partners, consultants, contractors and collaborators on the importance of protecting organisational confidential information, understanding what constitutes disclosure and their confidentiality obligations, conducted in the form of training, workshops and seminars.

A non-disclosure, non-compete and IP ownership provision should be incorporated in all employment contracts.

• Through non-disclosure, employees are obliged to keep confidential information confidential and ensure any disclosure of such information is done in confidence and with prior permission.
• The non-compete provision prevents employees from engaging in any activities that is of a competitive nature to the business activities.
• A clear IP ownership clause must also be incorporated in employment contracts such that ownership of all IP generated during employment shall be the property of the employing business.

b. Premature disclosure

Premature disclosure of information related to registrable IP in many cases invalidates a formal attempt for protection. Establishing internal procedures to review organisational publications including journal, presentations, brochures, posters, correspondence, press releases and other forms of public disclosures and this material should be reviewed before release.

c. Record keeping

When it comes to keeping records best-practice dictates the maintenance of thorough records of all developmental or experimental work. Such discipline proves to be beneficial for IP protection purposes, either in enforcing infringement of others or defending infringement claim by others. Elements of good record-keeping include using bound notebooks, with pages consecutively numbered, dated, signed and witnessed, chronological, thorough and written using permanent ink.

d. Obtaining IP Protection

Once the business decision has been made to proceed with protection and the category of IP rights is identified, the relevant process shall take place. An IP lawyer or attorney should be professionally engaged to assist with the formal protection and advisory work.  Once protection is obtained, the IP needs to be maintained and monitored.

Links to subsections of this topic

Scan your organisation for IP
Introduce an IP Management Strategy
1. An organisation IP policy
2. Identifying and capturing IP
3. Storing IP
4. Evaluating IP
5. Protecting IP
6. Enforcing IP