First steps to protect your work
Practical steps creators and founders commonly take to understand and protect what they own.
Know who owns it
The person who creates a work or invention is usually its first owner, but there are important exceptions. Work that employees create as part of their job often belongs to the employer, and ownership of work by contractors or co-founders can depend on what was agreed in writing.
If several people contributed, they may own it jointly. Clear written agreements about ownership help avoid disputes later.
Keep good records
- Keep dated drafts, source files, design files and lab notes.
- Record who contributed what, and when.
- Store copies of agreements, licenses and correspondence about your work.
- Keep evidence of when you first used a brand name with customers.
Consider registration
Registration works differently for each kind of IP. Copyright needs no registration in most countries, although some offer it as an option. Trademarks and patents generally need an application in each country or region where you want protection, and official fees apply.
Search before you invest in a name. National IP offices and WIPO’s Global Brand Database offer free online searches that can reveal conflicting trademarks.
Mind deadlines and disclosures
Some rights depend on acting in time. A patent application usually has to be filed before the invention is disclosed publicly. After a first filing, the Paris Convention generally gives you a priority period to file in other member countries and keep your first filing date: 12 months for patents and 6 months for trademarks and designs.
Before you pitch an invention or an unreleased product, consider whether you need a non-disclosure agreement.
Use contracts and licenses
A license lets someone use your IP on agreed terms while you keep ownership; an assignment transfers ownership. Read licenses carefully, including their scope, territory, duration, payment and termination terms.
Open licenses such as Creative Commons let you share work on standard terms. Check which license applies before you reuse someone else’s work.
If someone copies your work
Keep evidence before you act: dated screenshots, links and copies. Many online platforms have procedures for copyright and trademark complaints.
Accusing someone of infringement can have legal consequences of its own, so get advice before sending a formal demand.