As someone who’s built teams, scaled products, and navigated more than a few legal minefields, I’ll tell you this: the companies that win over time are the ones that know how to protect and capitalise on their intellectual property (IP).
I’ve seen what happens when they don’t. A marketing team gets excited and talks too early. An engineer overshares at a conference. A contractor contributes to your product without an agreement in place. The result? You’ve just handed a valuable innovation to the competition — free of charge.
Avoiding these missteps requires more than Non-Disclosure Agreements (NDAs) and good intentions. It requires a clear, enforceable IP policy that aligns with your business strategy.
Here’s how to build one that actually works.
What Is an IP Policy and Why Should You Care?
At its core, an IP policy is your company’s playbook for identifying, protecting, and leveraging its intellectual assets – patents, trademarks, copyrights, trade secrets, proprietary tech, processes, and even internal know-how.
Done right, it becomes a force multiplier. It reduces legal exposure, ensures IP ownership, and helps you move faster than the competition. Done wrong, or not at all, and you risk bleeding value with every innovation you create.
10 key elements to cover in your IP policy
1. Identify your IP
Start with visibility. Know what counts as IP in your business — everything from IP registrations to the informal knowledge and methods (intangible assets) that power your products and business. Document it.
2. Align with Business Strategy
IP isn’t just legal housekeeping — it’s a growth lever and a guard rail. Your policy should align with your commercial objectives, including new product development, market entry, mergers and acquisitions, partnerships, and risk mitigation.
3. Develop IP Capability
No policy survives if your team doesn’t understand it. Educate employees on how to identify, report, and protect intellectual property (IP). Tie recognition or incentives to participation. When IP becomes part of your culture, it’s far more effective.
4. Clarify Ownership
Define who owns what. For employees, contractors, or collaborators, get agreements in place early. The chain of title needs to be unambiguous, especially before filing any registrations. In some jurisdictions, unclear ownership can result in the loss of rights entirely. Begin with clear communications about ownership and proceed promptly to signing fit-for-purpose agreements.
5. Lock Down Confidentiality
Use Non-disclosure Agreements or Confidentiality Agreements, but don’t mindlessly rely on them. These agreements are invaluable for documenting that your ideas have not been published and can still become registered intellectual property (IP). They also serve to remind people that you own the IP and expect it to be treated carefully. However, these agreements can be difficult to enforce and rely upon.
6. Protect and Register
Set clear protocols for when and how IP is filed, monitored, and defended. Don’t wait until someone knocks off your product – be proactive.
7. Establish License Agreements
Lay out how your IP can be used internally, externally, and by third parties (outward IP licence). Clarify what IP belonging to other parties you rely on (onward IP licence). Structure licenses for value, control and practical enforcement. It is not unusual for a licence (inward or outward) to become more valuable and easier to enforce than the underlying IP.
8. Establish Enforcement Policies
Have a plan in place to address violations, both internally and externally. Include escalation paths, legal coordination, and response timing. Enforcement can be as simple as timely notification to other parties of the rights you hold.
9. Consider Global Opportunities
If you’re planning to scale internationally, local laws matter. Conduct Freedom to Operate (FTO) analyses in key markets to avoid infringing on others and to confirm you have the right to commercialise your inventions abroad. Keep an eye out for opportunities to license your IP beyond your geographic scope of operations.
10. Review and Update
The IP landscape, like your business, is constantly changing. Revisit your policy annually to ensure it keeps pace with the growth of your IP portfolio, emerging opportunities and threats.
Take away?
An IP policy isn’t just about protection – it’s about positioning. It gives your business the framework to innovate confidently and scale strategically.
If you’re just getting started, I recommend focusing first on internal capability and culture. Harvesting is a great place to start because it offers an opportunity to encourage and reward your people for bringing up IP opportunities. Then build from there. WIPO provides a comprehensive repository of IP policies from other companies, offering valuable examples if needed.
And if you want to move quickly, consider seeking expert help. The cost of getting it wrong is far higher than the cost of getting it right.
Need help shaping an IP strategy that matches your company’s trajectory? I’m happy to help.
