In today’s digital age websites are an essential business asset . A good website can do many things: –
- improve a business’ credibility
- showcase the brand and products
- generate leads
- make sales
- extend the geographical customer base.
However, many business owners do not realise the valuable intellectual property (IP) assets that reside in a website’s components. This article explains what intellectual property is, highlights the most common types found on websites and outlines how these assets can be protected.
What is IP?
IP is something created using your mind. For example, a story, an invention, a piece of art or a logo.
Intellectual property rights (IPR) are the protection given to those creations. These include trade marks, copyright, patents, design rights and trade secrets / confidential information. For example, photos are protected by copyright, whilst a business’ logo may constitute a trade mark. IP rights usually give the creator or other owner an exclusive right to use the creation for a specific amount of time. But as IP rights are intangible and can’t be physically touched (unlike the products they protect), their value as an asset can be overlooked.
What types of IP can be found in a website?
The most common types of IP found in websites are as follows:
Copyright – Copyright safeguards original works of authorship. It applies to written content, images, videos, design graphics, software and the website layout.
Copyright protection arises automatically when work is created, but the length of protection will vary. Copyright is generally owned by the creator of the work. So, even if you pay a web developer to build your website, it’s likely they will own the copyright in it. It’s therefore essential to get written confirmation that the developer has assigned the copyright over to you.
Trade marks – Trademarks are important for branding as they protect symbols, names, logos and slogans. A website might display a logo, or a distinctive company name used to identify the business. It’s possible to have unregistered trade marks, however registered marks provide more protection in the event of infringement.
If a ‘mark’ (eg. your business’ name or logo) is unregistered, you can put the TM symbol next to it. If it is a registered trade mark you can use the ® symbol. Both symbols indicate that the mark is protected. This is often a useful deterrent to discourage third parties from infringing your trade mark.
Domain names – domain names serve as the website’s address and can hold trade mark value. For example, a domain name that reflects a company’s name, such as “BailoranSolicitors.com”, could benefit from trade mark protection.
When creating a website, consider purchasing alternate domain endings to reduce the likelihood of someone else establishing a website with a confusingly similar name. For example, if you had Sunshine.com, someone setting up a website at Sunshine.co.uk may result in confusion and divert traffic from your site. Further, if the products on sale at the .co.uk site were of a lesser quality to your own, this could harm your brand. And whilst there are steps you could take in this scenario, prevention is nearly always better than the cure
Database rights – database rights arise automatically and protect the contents of a database that is compiled and maintained by a website eg. a marketing database.
Trade secrets – trade secrets safeguard confidential information that provides a competitive advantage. For example, the recipe for Coca-Cola is reported as having been a trade secret for over 130 years. A website’s customer database may be considered a trade secret, and if made public knowledge or obtained by a competitor, it could be damaging to the business.
Patents – patents protect registered protection for new inventions and processes. Patents aren’t that common in ‘standard’ websites, but if a website incorporates a unique algorithm or proprietary software, the technology may be patentable.
How can a website’s IP be protected?
It is important to identify IP and protect it like you would any other business asset.
Using copyright statements and watermarks reinforces ownership claims and deters infringement, as does the use of the TM and ® symbols for trade marks. Securing registered protection where possible can also strengthen the website owner’s position.
Another useful layer of protection is using legal documents, such as Website Terms and Conditions (T&Cs) which are often found at the foot of a website’s home page. T&Cs set out who owns the website and the IP in it, as well as specifying how visitors can / can’t use the website and its contents. A website may also require visitors / customers to agree to other legal agreements, such as an End User Licence Agreement (EULA), to access content or services.
Conclusion
Websites are important business assets, in no small part because of the multitude of IPR residing in them. Implementing strategies like clear ownership indications, legal agreements, and regular monitoring helps protect valuable IP.
Whether you are a start-up, an established business, or an individual creator, identifying and protecting your IP is essential to safeguard your competitive edge and build a strong brand. Implementing strategies like clear ownership indications, legal agreements, and regular monitoring are paramount in doing so.
This article does not constitute legal advice. If you would like any further information about any of the topics covered in this article, please feel free to get in touch via our website at www.bailoransolicitors.com or by calling us on 0113 266 0735.