Your IP questions answered by legal director of Singapore’s Intellectual Property Office

Photo credit: Aaron Burden.

For many startup founders, getting day-to-day operations going—product development, marketing, fundraising, and hiring—consumes most of their time. The last thing they need is another issue to think about.

But when team members leave your startup and take valuable IP (intellectual property) along with them, it might be prudent to pause and consider the issues of IP.

In this article, I collated a list of questions from the Tech in Asia Community about IP and asked Trina Ha, director of the legal department of the Intellectual Property Office of Singapore (IPOS), for her insights.

What is IP? What falls under this, especially for a young tech startup?

“IPs are creations that are recognized and protected by law and include registrable rights such as trademarks, patents, and industrial designs, and non-registrable rights such as confidential information, trade secrets, and copyright.

“Generally, the law grants the creator exclusive rights for a specific duration. This means that during the period of protection, you can exploit your IP for commercial gain while preventing others from using it without your permission.

“For tech startups, common forms of IP would be copyright (e.g. a software program or website content), patents (e.g. innovative products or processes), confidential information or trade secrets (e.g. source codes, business plans, consumer databases), and trademarks (e.g. the company name or logo). There may also be registered design protection in the graphical user interface of an app if it is sufficiently novel.”

Why create an IP? Wouldn’t you be showing everyone your secret?

“All companies, whether a startup or a matured business, already have created some form of IP in their inventions, products, or services. IP is increasingly recognized as an invaluable business asset. It is essential for all businesses to understand how to protect and manage its IP to get the best possible commercial results.

“Startups that know how to utilize their IP and put in place an IP strategy that is aligned with their company’s business strategies and goals have a strong competitive advantage in the market.

“Applying for a patent does require you to make details of your invention known. However, think of a patent as a trade-off. In exchange for disclosing your invention to the government and the public, you have a monopoly over the invention and the right to prevent others from using or copying it for a substantial amount of time (20 years).

“A startup may choose to protect their IP as a trade secret rather than a patent to save costs and avoid disclosure. This is a possible route if the business is of the view that competitors will not be able to copy or reverse engineer the technology. Do bear in mind that trade secrets have weaker protections than patents.

“For example, it does not allow you to stop competitors that independently develop the same technology from using it.”

At what stage does a startup pay attention to the IP they potentially have?

“Generally speaking, most startups only pay attention to IP after they have attained some market traction or business stability. However, they actually should be looking into IP protection and creating an IP strategy much earlier. Incorporating IP into your business strategies early will prevent future problems and also help ensure sustainable business growth.

“It does not mean that startups should secure all forms of IP protection from the get-go. Understandably, cost is an important consideration for startups. Accordingly, they should first have a good understanding of their industry and competitive landscape, the nature of their business, their short-term and long-term business goals, and identify which are their strategic business and IP assets. This will provide clarity on the types of IP protection they need and when they need it.

What is the process of protecting an IP in Singapore?

What are the estimated costs for different types of IPs?

What happens if someone replicates my IP? What rights do I have?

Does IP registration only protect my rights in Singapore?

Defending your IP is very costly. Is it worth creating an IP if you can’t afford to sue others?