IP Info: How To Protect Your Intellectual Property
These FAQs are for general guidance only. Specific legal advice should be taken depending on the precise facts in question.
Miscellaneous
> Protecting a business idea
I am setting up a communications agency with a friend from college that will focus on communicating complicated issues, such as what it would mean for the UK if we joined the Euro, simply. We have thought of a catchy name for the business. How can we protect our idea?
Briffa says: Once you have launched the business it is not possible to protect the idea of an agency that will focus on delivering complicated messages simply. Ideas of that type can only be protected prior to launch and where certain conditions apply. For further details see Confidentiality Fact sheet. You can however protect the firm's name by registering a trade mark. Your internal methodology once committed to writing may also be protected as a copyright work. As the business grows one of your most valuable assets may be your client list. When taking on employees consider the restrictions that could apply to prevent your clients being approached by your ex-employees. Also you should consider on what basis you and your friend will work. Are you to be partners, or co-directors in a limited company and what are the terms of your deal?
> Agreements with clients and suppliers.
I have a business which specialises in selling content for mobile phones to the networks. For example, one provider sells us news related and topical anecdotes. The networks issue us with an agreement setting out our deal with them. Recently I have been thinking about whether we need an agreement with the individuals we are sourcing the material from?
Briffa says: It would be a good idea to have an agreement with the people you buy content from. The networks will probably ensure that under their contract they get the copyright in the content. If you have agreed to this you will need to make sure that you are getting title to these rights from those who supply content to you. A letter agreement (signed by both parties) setting out the terms on which you engage the content providers should be used.
> Developing other people's software
We have commissioned a software company to write a program for us. There have been numerous problems and the finished product was delivered many months late. We now wish to develop the product further and have contacted the person who actually wrote the program and who has since left the company. Is there any problem asking him to do the redevelopment?
Briffa says: You need to first establish the terms on which you use the computer program. Unless it was agreed in writing, you will not be the copyright owner as copyright belongs to the creator of the program. As you have paid for the software you will be a licensee of the program. The terms of that licence may be as implied between your company and the software development company while you were negotiating. That said, copyright infringement depends on copying and it is not clear whether redevelopment work will involve copyright in the old product. The ex employee can assist you to the extent there is no copying, though you should also check whether the ex employee is restricted from working from ex clients of his former company by virtue of his employment contract.
> Getting money that's due to me.
We have a contract with a company which we have delivered a choice of treatments. They paid us half our fee in advance. They refuse to pay the balance and claim we have entirely misinterpreted their requirements. Can we recover the money owing?
Briffa says: Whether you have good grounds on which to insist on recovery depends on how clearly the requirements (or specification) were defined in the contract and how closely you have fulfilled those requirements. If the requirements were vague and your material could reasonably be said to come within the parameters set you should be able to succeed.
