So, is that it? Has the project moved out of the garage or the house—is it ready to take off? Well done.
Bravo—getting this far was already a challenge; take a deep breath and spread your wings.
Now, let’s coat this beautiful object!
1. Protecting software
- Who owns the software?
- If an employee creates software as part of their work, the company owns it.
- If an external provider (freelancer, agency) develops the software, it is essential to ensure that the contract provides for the assignment of copyright in the software (pay close attention to formal requirements).
- If you created the software BEFORE setting up your company, the company does not own it. And that could be a problem.
- Consequences if this is not done:
- You risk being unable to exploit, sell, or modify your own software, because the creator can prevent you from using it and demand compensation.
- It’s not a disaster, either:
- It is never straightforward, but the situation can be regularized using copyright assignment or licensing agreements.
2. Protecting trademarks, patents, and designs
- How do I go about it?
- You must officially register your trademark, your invention (patent), or your creations (designs or models) with the relevant authorities (in France, Europe, or internationally).
- Matters covered by copyright do not require registration in France, but in other territories, you need to check.
- BRAND Focus: What should you do?
- You should have a proper prior art search conducted (not just a quick look on the INPI website or in a search engine).
- Then, you determine the scope of your activities and identify the product and service classes essential to your business.
- Next, you identify the product and service categories in which you could expand—and, incidentally, those where you would prefer no one else to enter for the time being.
- Finally, you determine the markets in which you plan to operate.
- And you file it yourself, or have it filed by an authorized representative.
- To take things further: don't forget to consider the question of domain names.
- Risks if this is not done:
- You might find yourself stepping on toes—and frankly, once you’ve built your entire marketing strategy around a specific term, and your initial clients and investors know you by that name, it’s… well, how should I put it? Not ideal.
- It is also possible for someone else to register the trademark or invention in your place and then try to prevent you from using it, or force a license—and consequently royalty payments (i.e., money)—upon you.
- It’s not a disaster, either:
- At first, packaging isn’t your biggest concern; you tell yourself you’ll just test the idea and the market a bit—and you’re right. You can always register another brand after a few months or even years of development—once you’ve secured initial funding, giving you a budget better suited to those steps.
3. Protect databases
- How do you know if your database is protected?
- Did you make a particular effort to organize or select the data? That may be eligible for copyright protection.
- Have you invested a lot of time and money? You might have specific rights regarding this database.
- In short, the question to ask yourself at the outset is: if a third party were to scrape your database, how unfair would you consider it for them to exploit it?
- Risks if this is not done:
- Others may copy or use the database without your consent.
- It’s not a disaster, either:
- This will lead to a strongly worded cease-and-desist letter. That is a possibility.
4. Have contracts drafted by professionals.
- The Essentials
- Who owns the rights to what?
- Ensure the validity of your copyright assignment clauses.
- Add confidentiality clauses to prevent sensitive information from being disclosed.
- Plan for how the rights may be transferred to or used by others (assignment or license).
- Risks if this is not done:
- Conflicts with employees, service providers, or partners.
- Loss of control over your creations.
- It’s not a disaster, either:
- Regularization of intellectual property rights assignment agreements or license agreements. It is possible.
5. Monitor and defend your rights
- What should you do if a problem arises?
- Monitor whether anyone copies or uses your creations without your permission.
- You can serve a formal notice to cease and, in the absence of a response or agreement, initiate legal proceedings.
- Risks if this is not done:
- Loss of value of your company.
- Difficulty raising funds or selling your business.
- It’s not a disaster, either:
- In some cases, it amounts to free publicity and boosts your visibility. Weigh the pros and cons before getting worked up!
Check :
- Identify everything you create or use.
- Contact professionals to file trademarks, patents, and designs.
- Contact professionals to draft contracts that truly protect your interests.
- Monitor the use of your creations.
- Act quickly in the event of unauthorized copying or use.
