It is the classic nightmare scenario for any business owner.
You’ve shared a new idea for a business or commercial venture or product with a colleague, knowing that they understand the intricacies of your sector and the challenges that you plan to address.
Inspired, you both discuss your idea in depth, and you eventually paint a vivid picture of the business you intend to set up.
However, weeks later you go into the office and find out that your colleague has set up their own business – with remarkably similar principles to yours.
If you ever find yourself in this situation, your first thought it likely to be: ‘What can I do about this?’
While the moral case is fairly clear-cut, the legal case is far more complex.
Can I copyright an idea?
Protecting your intellectual property (IP) is integral to protecting your commercial interests and long-term success – but when do copyright regulations begin to apply?
If your latest innovation is set to revolutionise your operations or your sector entirely, it’s understandable that you will want to copyright your concepts and benefit from your creativity as soon as possible.
However, it isn’t currently possible to copyright an idea.
This is because ideas are intangible – they are not a product, and it is perfectly possible for someone else to have the same idea without having any relation to you or your business.
If your colleague’s business is based purely on your unrecorded conversation, then you may struggle to prove wrongdoing.
However, in certain situations, you may be able to demonstrate that the business was your original creation and therefore certain assets should be protected under copyright law.
When would copyright apply to my new business?
While ideas themselves are not subject to copyright, assets which realise your initial concept are classed as IP and are protected by copyright.
In this case, you may have produced:
- A logo or other brand imagery
- A prototype of a product or certain types of software
- A business plan
- Promotional content such as social media content, videos or guides
If your colleague had used any of these forms of IP to promote their own business or stole content for their own website or social media, then this would constitute a breach of copyright.
What do I do next?
If you think that someone has used your ideas to set up their own business, you should first consider whether they may have used any material assets for which you hold the copyright.
If they have, then this will likely be considered a breach of copyright, and you are within your right to:
- Informally ask them to stop using your assets or consider licencing them
- Contact a mediator or the Intellectual Property Office
- Take your copyright claim to the relevant court
While you do not necessarily have to have used mediation before turning to litigation, some courts may expect you to have done so.
Mediation can provide a suitable alternative to litigation in the first instance, by considering the perspectives of all parties and reaching an agreement.
However, if a breach of copyright has taken place and an agreement cannot be reached, then you may seek to take a claim through the courts in order to recover any losses and prevent further use of your IP.
To find out how we can help you protect your intellectual property, please contact us.