Founders of startup companies often focus more on getting their new products out ahead of the competition than on taking care of their intellectual property, an effort that should be top priority.
What safeguards should be in place to ensure the protection of your intellectual property?
Contributor assignments
Stakeholders may develop innovative products or services before your company is up and running. The intellectual property rights belong to the individuals who created those products or services, and it is important to use a written agreement to transfer the IP rights to the company. In return for this transfer, you might consider offering either cash or shares of stock in the business.
Consultant agreements
If any of your consultants or independent contractors develop intellectual property for the business, they should execute an agreement that clearly states their obligation to sign over the IP to the company. The agreement should also state that the confidential information is solely for the company’s use and benefit.
Confidentiality agreements
Just as consultants and independent contractors have an obligation to sign a confidentiality agreement, so do your employees. Also called a non-disclosure agreement, this document allows someone who holds confidential information to share it with a third party, who is then under contract to not share it with anyone else. There are exceptions to this; for example, information that is already in the public domain. In general, however, a confidentiality agreement will do the job of protecting your intellectual property.
Internet agreements
An attorney experienced with assisting in the formation of new businesses will remind you that you should have a privacy policy in place if you intend to do business on the internet. In conjunction with that, you should also have an agreement that sets forth terms of service so that visitors to your website know what they can and cannot do. Cyberspace agreements like these are just part of the entire package of safeguards that will ensure the protection of your intellectual property.
