Why start-ups should consider IP

In the fast-paced world of fashion, design, media and tech, intellectual property often gets overlooked until there’s a problem. But some of the most common IP issues come from small oversights that can turn into expensive headaches.

Ownership assumptions
It’s a common scenario: a designer hires a freelancer for artwork, a startup commissions a logo, or a photographer collaborates on a campaign. The assumption? “We’ve paid for it, so we own it.” In reality, without a clear contract assigning the ownership of the copyright to the intended party, copyright usually remains with the creator. This can cause issues in use of the work and can make it very difficult to stop unauthorised use by third parties.

Missing trade mark protection
Many brands, especially during the early stages, focus on design and identity before checking availability. A quick trade mark search can save time, money, and future rebranding costs. Protecting your name, logo or tagline early on also adds real business value, ensures brand stability and makes enforcement far easier.

Clear ownership or timeline for copyright protection

Copyright exists automatically, but that doesn’t mean enforcement is straightforward. We’ve advised clients who were confident they’d created an original piece but had no dated evidence, version history, or contract confirming ownership.

If you ever need to take action against an infringer, being able to prove when the work was created and by whom is crucial. Keep original drafts, dated files, email chains, and contracts, especially when working with collaborators or freelancers. Think of it as a paper trail for your protection.

The takeaway
Whether you’re a designer, brand owner, creative agency or startup founder, investing time in proactive IP protection is not just legal housekeeping, it’s a business asset.

If you’d like to sense-check your IP position or have questions about protecting your work, we’re always happy to chat.