Intellectual property and contracts
For many start-ups, the code, content, designs and know-how are worth more than any physical asset. In the UK, who owns them depends largely on your contracts – so put them in order early, especially before investors carry out due diligence.
Copyright and know-how
Copyright arises automatically in the UK – there is nothing to register. It covers software code, texts, images and designs. Know-how and business ideas are not protected as such; you protect them through confidentiality agreements (NDAs) and by limiting access.
Contracts and ownership
Work created by employees in the course of their employment generally belongs to the employer. Freelancers and agencies, however, keep the copyright unless it is assigned to you in writing and signed by them – a classic gap in start-ups. Founders should also assign IP they created before incorporation to the company. Clear contracts with customers, suppliers and partners round this off.
Patents – usually not the right lever
Patents protect technical inventions; you apply to the UK Intellectual Property Office, and the invention must not have been made public beforehand. Computer programs “as such” are generally excluded, so for software start-ups a patent is rarely the main protection. Registered designs protect the appearance of products. planix helps you see which rights matter for your business.
Frequently asked questions
Does code written by a freelancer automatically belong to me?
No. Without a written, signed assignment, the copyright usually stays with the freelancer – even if you paid for the work. Agree on the assignment in the contract before the work starts.
Do I need patents for my software start-up?
Usually not. Software as such is generally not patentable in the UK. Copyright, trade marks, confidentiality and clean contracts are often more important.
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