From your data logs to how your logo looks, your company's intellectual property (IP) is central to sustaining your success. But did you reassess your IP protection to ensure it remains intact as you expand across borders? After all, protections in place locally might not be enforceable internationally.
Why? Laws governing contracts, such as nondisclosure agreements, vary by country. Not only that, global IP theft is a top cybersecurity threat.
Without the proper safeguards, sensitive information, proprietary information, trade secrets, and branding assets can be vulnerable to theft or misuse.
Key takeaways:
- Protecting IP rights when working with a global team may require a different approach than your pre-international expansion strategy.
- Clearly outlined protocols, secure collaboration tools, and security audits can help with intellectual property protection.
- Registering your patents, trademarks, and copyrights in key markets is essential.
Establish Clear IP Policies and Agreements
First things first: as a global business, you'll want to ensure all employees understand how your company manages your intellectual property rights and their role in safeguarding it.
Require employees and contractors to sign agreements stating that your company owns any IP created during their employment — and who they can discuss it with.
Key elements of these contracts should include:
- Nondisclosure agreements (NDAs) which prevent employees or independent contractors from sharing information you want to keep confidential.
- Intellectual property assignment contracts that clearly state that any work created for your company remains your property.
- Employment and contractor agreements that explicitly define IP ownership and security responsibilities.
In some countries, like Switzerland, IP laws automatically recognize the person who created the IP as holding the rights — not the employer.
This is why it's important to include language in contracts that clearly states that any IP created through the course of employment by employees (or contractors) is your company's property. You can't simply rely on an assumption of ownership.
Surprising? Consider consulting with experts for legal advice on jurisdiction-specific information in each country where you employ workers. That way, you're less likely to be caught off guard, leaving your valuable IP vulnerable.
Use Secure Collaboration Tools
Strong employment contracts are a must for IP protection. But even the most ironclad agreements aren't guaranteed to fully protect your IP from cybercriminals. Maintaining company data security requires unique tools, like end-to-end encryption.
To ensure your global team communicates, stores files, and manages projects securely, you should:
- Use tools with end-to-end encryption like Signal, ProtonMail, or Microsoft Teams for all communications.
- Store sensitive files on cloud platforms such as Google Workspace, Microsoft OneDrive, or AWS, which can manage user access.
- Limit who can view and edit documents and data.
- Avoid using unsecured file-sharing methods, such as email attachments, for sensitive IP.
You should also lead by example. For example, don't send company messages via unencrypted MMS if you require your employees to use Signal to communicate at work.
Register Your Intellectual Property in Key Markets
Register your patents, trademarks, and copyrights in the countries where you do business or employ workers to make it easier for your business to operate across borders securely.
Types of legal IP protections include:
- Trademarks that protect your brand name, logo, and product names
- Patents to protect inventions and proprietary technology
- Copyrights that can cover creative works, software, and written content
While copyright protection is granted automatically upon creation in most countries, registration offers additional benefits, including official proof of ownership and the ability to sue for copyright infringement.
Here's where you can register your IP:
- United States: U.S. Patent and Trademark Office (USPTO)
- European Union: European Union Intellectual Property Office (EUIPO)
- China: China National Intellectual Property Administration (CNIPA)
You can also apply for multi-country protection via the Patent Cooperation Treaty (PCT) if you hold international patents.
Conduct Security & IP Training for Employees
A training program can help contractors and full-time employees understand the steps they need to take to protect your company's IP. To help ensure employees don't mishandle sensitive information, you should:
- Provide team members with written guidelines on securely handling data (and keep these guidelines current).
- Conduct regular workshops to educate employees on how to keep IP confidential and secure.
- Create a clear protocol for reporting suspected IP breaches or unauthorized access to your data.
Training should be an ongoing part of your workflow, particularly if your company has sensitive information that needs protection.
Consider offering weekly or monthly microlearning modules rather than day-long annual workshops. This helps keep the information fresh and integrates security into your employees' daily routine.
Monitor and Enforce IP Protection Measures
Once your tools are secure, your IP is registered, and your employees are trained, it's time to relax, right? Wrong.
Maintaining ongoing IP security isn't a set-it-and-forget-it process. Even with strong agreements and security measures, consistently monitoring your systems and addressing breaches is needed to detect and address potential threats.
You should continue to:
- Review logs to ensure unauthorized users do not access sensitive files.
- Use automated data loss prevention tools to prevent leaks and comply with broader regulations like the EU's General Data Protection Regulation.
- Take swift legal action against IP violations, including cease-and-desist letters and any legal recourse available to you in the country where the breach occurred.
To ensure your IP is secured with the most up-to-date protocols, consider regularly auditing your IP protection. That way, you can see what's working, what isn't, and what steps to take to improve.
Protect Your Valuable IP With RemoFirst
When you partner with an Employer of Record (EOR) like RemoFirst, we create contracts for your full-time employees and contractors that comply with local laws and protect your IP by including nondisclosure contracts and confidentiality agreements.
As an EOR, we can handle all the ins and outs of managing a global workforce, including:
- Global payroll
- Health insurance
- Background checks
- Visas and work permits
Ready to learn more about how we can help your company compliantly hire in 180+ countries while protecting your IP? Schedule a demo today.
