Foundations of IP Strategy

Let us start by reviewing how each of the forms of IP we have discussed can help you achieve your business goals, even at your earliest start-up stage:

• Patents and industrial designs can allow you to position yourself as having a “unique” or “innovative” product.
• Trademarks and domain names can help you distinguish your goods and services from the goods and services of others.
• Copyright allows you to protect the creative expression embedded in your products or services as well as in your promotional material.
• Whether used individually or in combination, all of the various forms of IP protection can help you protect against the activities of competitors who copy your products or service without your permission.
• Contractual agreements such as non-disclosure, non-compete and non-solicitation agreements can help to define your relationships with your employees, contractors and business partners, and can establish the rights and obligations of the various contracting parties.
• IP license agreements can help define the relationship between you and your licensees and can establish your respective rights and obligations.

However, your IP strategy should not just be focused exclusively on your own IP.