In the dynamic sectors of fashion, design, media, and technology, start-ups often overlook intellectual property until issues arise. However, early attention to IP can prevent costly problems and add significant value to your business.
IP has never really had a test like the one AI is giving it – and the prices, and potential upsides, are huge. Legal technology startups have collectively raised over $1 billion in 2025, reflecting a growing interest in AI-driven legal solutions. Companies like Harvey and Luminance are at the forefront, offering tools that automate contract review and legal research. These advancements present opportunities for startups to manage their IP more efficiently and cost-effectively.
In the dynamic sectors of fashion, design, media, and technology, start-ups often overlook intellectual property until issues arise. However, early attention to IP can prevent costly problems and add significant value to your business. So how can you ensure that happens to you?
Common IP Issues for Start-Ups
- Assuming Ownership Without Contracts
Paying a freelancer or agency to produce creative work – such as a logo, website, or promotional materials – does not automatically mean you own the intellectual property in what they’ve created. In the absence of a written agreement that clearly assigns copyright to your business, the default legal position is that the creator retains ownership. This can significantly limit your ability to use, adapt, or commercialise the work as you see fit. To avoid future disputes or restrictions, it’s crucial to ensure that contracts include clear, legally enforceable IP assignment clauses from the outset. - Neglecting Trade Mark Searches
Launching a new brand without first verifying whether the name or logo is already protected by a registered trade mark can expose your business to serious legal and financial risks. If your branding infringes on an existing trade mark, you may be forced to rebrand entirely – often at great expense and reputational cost. Conducting thorough trade mark searches before launching ensures your chosen brand elements are available and not infringing on others’ rights. Registering your trade mark early not only secures your legal position but also strengthens your ability to take swift action against copycats or misuse in the marketplace. - Lack of Evidence for Copyright Protection
While copyright protection arises automatically the moment an original work is created, enforcing those rights – especially in the event of a dispute – requires you to prove both authorship and the date of creation. This means having a clear and credible paper trail is vital. Keeping well-organised records such as dated drafts, email correspondence, contracts, and file metadata can significantly strengthen your position if you ever need to assert or defend your rights. In the absence of this documentation, proving ownership can become difficult, weakening your ability to take legal action or negotiate from a position of strength.
Proactive Steps to Safeguard Your IP
Draft Clear Contracts
Ensure that every agreement you enter into with freelancers, consultants, or collaborators includes detailed provisions that explicitly assign all relevant intellectual property rights to your business. Relying on informal arrangements or assumptions can leave ownership ambiguous and open to challenge. A well-drafted contract should clearly outline what is being created, who owns the resulting work, and when ownership transfers. Taking the time to put proper legal agreements in place at the outset can save significant complications – and costs – later on.
Conduct Trade Mark Searches
Before settling on a name, logo, slogan, or any other brand identifier, it’s essential to conduct comprehensive trade mark searches to confirm that the proposed mark is available and not already registered by another party. This step helps avoid inadvertent infringement, which could lead to legal disputes, forced rebranding, and lost goodwill. Proper due diligence at this stage enables you to build a strong and defensible brand from the outset and gives you greater confidence in your ability to register and enforce your rights down the line.
Maintain Detailed Records
To effectively safeguard your intellectual property rights, it’s important to maintain thorough documentation throughout the creative and development process. This includes saving dated drafts, emails, design iterations, contracts, and any correspondence that helps demonstrate how and when a work was created. These records serve as critical evidence in proving authorship and ownership, particularly if your rights are challenged. In many cases, having clear documentation can mean the difference between successfully asserting your IP or facing an uphill battle in enforcement.
Conclusion
Addressing IP considerations early is not just legal diligence – it’s a strategic move that enhances your start-up’s value and protects its assets. For guidance on securing your intellectual property, consider consulting with IP professionals such as Briffa Legal.
