There is value in the intellectual property of your business, and its worth protecting. Intellectual property can include your brand, any written materials, your experience, systems and processes and your customer database.
Brand Name
Just holding the company name for your brand is not enough to provide protection. All it does is prevent someone registering another company with the same name. To protect your brand you should consider registering a trade mark, either on your name, or logo or both. If you have trademarked your brand you can stop third parties from using or advertising your brand without your consent.
Written Materials
Any written materials (other than those specifically prepared for a third party at their request) are protected by Copyright Act 1994. Any materials created by your employees are owned by the employer unless specifically agreed otherwise under an employment agreement or other agreement.
Experience
If a key person in your business leaves or is injured what do you do? Firstly you can obtain key person insurance to ensure you have some funds coming in if your key person is injured and unable to work. If you are hiring someone who will be a key person you should consider including a valid restraint of trade in the employment agreement.
Customer database
Your employment agreement should prevent previous employees from approaching customers on your database.
If you have questions on any of the above please [Enable JavaScript to view protected content].
