MarkCrest – Step 7 | Ownership, Discoveries, Inventions, Legal Action
It must be clearly communicated to the individuals and employees that have access to the IP or are creating new IP within an organization that is it owned by you or the organization. This needs to be clearly spelled out and followed in private or public unless otherwise allowed within written policies or agreements.
Entrepreneurs and corporations are continuously innovating to stay relevant. It is critical an entrepreneur or organization to make clear to their personnel they are disclosing any new IP they invent that the worker is familiar that the IP belongs to the entrepreneur or enterprise.
Not only should this be made clear in the employment or team mates agreements include it in the mission statement that IP created within the relationship is the property of the entrepreneur or organization. Intellectual assets can be constantly created in all relationships so it is important that any right of discovery or enhancements is the property of the inventor. As well a disclosure protocol should be generated if possible in writing so if personnel might also additionally divulge IP through mistake it can be shown that was a mistake and you can take action to stop any further discslosure.
It is critical to set up a technique through which discovery will become a normal affair without making it threatening. One method for entrepreneur and enterprises alike is to make compliance with discovery include an offer or incentive of some type so the IP can remain within the ownership of the inventor.
Include an outline of the invention and within a disclosure protocol and include a code of behavior explaining the process with examples; a constrained know-how of what constitutes IP might also additionally go long way to protect essential IP. It is important to consider this issues and feature a discovery and disclosure clause within any employment or team mate agreement.
A disclosure clause might also require any team mate or emplyee divulge all discoveries, inventions, and creations made during the time of their relationship or employment with the entrepreneur or organization. It should require the team mate or employee to declare and assign any documents, files or other relevant material related to the IP to the entrepreneur or organization.
Just to be sure you are protected and all your bases covered. Its far easier to have this in writing and understood than to try and work out that fact in court or other legal action. It should be clear the organization or entrepreneur owns all IP created during the relationship.
It should be noted that at times individuals or employees will create unique IP outside of their relationship with the entrepreneur or organization. The is something that has to be understood and considered in any action to enforce ownership for reasons of cost as well as good will.
Step 6: Agreements
Nothing is agreed until it is in writing. You need this proof in the event the individual or employee does not follow the protocol established for your idea or IP. Click here...
Step 8: Audits
This should be part of any IP protocol or policy that there is an regular audit to assure the IP is being optimized and kept relevant. Click here...
Steps 5 to 7 - Access, Agreements, Ownership
Important steps to monetization. Create policies surrounding your intellectual property. Understand what access means and how to protect. Create agreements to protect access and value. Document ownership.
Steps 8 to 10 - Audits, Infringement, Documentation
It is important to audit your intellectual property and status of each asset. It is also important to understand what infringement means and the best way to approach whether you are infringing or being infringed. Documentation will ultimately be the most important piece of the monetization process. Think of it as a documented audit trail.