How do you safeguard your intellectual property when working with outside partners?

1 Understand your IP rights

Before you enter into any collaboration, you should identify and document your IP rights and obligations. This means knowing what type of IP protection you have or need for your designs, how long it lasts, and what it covers. For example, a patent can protect the technical aspects of your invention, such as the engine or the battery, while a design right can protect the aesthetic features, such as the shape or the color. You should also check if your IP rights are valid and enforceable in the countries where you plan to operate or export your products.

2 Use confidentiality agreements

A confidentiality agreement, also known as a non-disclosure agreement (NDA), is a contract that binds the parties to keep the information they exchange confidential and not to use it for unauthorized purposes. You should use an NDA whenever you share your designs or ideas with outside partners, especially in the early stages of the collaboration, when you may not have secured your IP rights yet. An NDA should specify what information is confidential, how long it will remain confidential, and what are the consequences of breaching the agreement.

3 Mark your designs

Another way to safeguard your IP is to mark your designs with appropriate notices or symbols that indicate your ownership and warn others not to copy or misuse them. For example, you can use the © symbol for copyrighted works, the ™ symbol for unregistered trademarks, or the ® symbol for registered trademarks. You can also include your name, the date of creation, and a reference to your IP rights or your NDA. Marking your designs can help you establish your claim and deter potential infringers.

4 Monitor your IP use

Even if you have taken the necessary steps to safeguard your IP, you should still monitor how your outside partners use it and whether they comply with your agreements and obligations. You can do this by conducting regular audits, inspections, or reviews of their activities, products, or services that involve your IP. You can also use online tools or services to track and detect any unauthorized or suspicious use of your designs or ideas on the internet or in the market. If you find any evidence of infringement, you should take prompt and appropriate action to stop it and seek compensation.

5 Seek legal advice

Finally, you should seek legal advice from a qualified IP lawyer or expert if you have any doubts or questions about your IP rights or issues. A lawyer can help you draft, review, and negotiate your agreements, register and renew your IP rights, enforce and defend your IP claims, and resolve any disputes or conflicts that may arise with your outside partners. A lawyer can also advise you on the best strategies and practices to safeguard your IP in different situations and scenarios.