How can you protect your rights?

IP protection requires advance preparation and good record keeping.

At the very minimum, this should include the following information about how the relevant “IP work” came into existence:

• the original or best copy of the work;
• the date it was created;
• the identity of the person or persons responsible for creating the work;
• a record of the design history, with any underlying drawings or sketches (if relevant);
• any sources of inspiration for the design.

Another vital part of the jigsaw is proving who owns the rights in the work. Normally the first owner of copyright is the person who created the design. But there are exceptions, most importantly in the case of a work created in the course of employment. In that case, the first owner of copyright will usually be the employer unless there is an agreement to the contrary.

The paper trail showing the chain of ownership will be vital.