Proof of ownership
Owning IP is like owning physical property. It indicates to others that you have a claim on it, it deters others from infringing upon it and enables you to take legal action against those who do.
Checklist of records you need to keep
To help prove your ownership of IP, keep a record of:
- what kind of right you have, and in what form the right was created
- what, if any, material from a third party was used in the creation process, and whether permission for such use was obtained
- when it was created
- who created it
- evidence of ownership - such as an application for a patent, trade mark or design
- contracts with all parties involved in the creation of the IP that clearly identify who owns the IP
- log books showing how the creation process was undertaken (particularly important for IP created by employees)
- files of early drafts and prototypes that embody IP
- copies of agreements with those on whose behalf you are distributing goods or services. These should include agreements giving distributors the right to use trade marks and marketing material. This evidence should be stored in an IP Register with a back-up copy in a separate location.
Last Updated: 05/12/2012