These assets represent the knowledge, innovation, and strategic advantages of an organisation, which in many cases form the basis of its distinctive market value.
Without adequate protection, these elements are exposed to infringements, unauthorised copies, or even being used by competitors, which can jeopardise the company’s position and viability.
This article is of interest if…
- You want to protect your company’s intellectual property.
- You seek to ensure the security of your commercial data.
- You need to comply with regulations such as the GDPR.
- You wish to implement confidentiality agreements.
- You plan to conduct regular security audits.
Strategies to protect intellectual property
Registration of intellectual property rights
One of the most effective ways to protect intellectual property is through formal registration, which provides a legal basis to defend the company’s rights against possible infringements and guarantees exclusive ownership of an invention or creation.
This registration actively protects trademarks, patents, and industrial designs, facilitating the defence against infringements and the establishment of exclusive rights in the market.
Registration methods
There are several ways to protect intellectual property rights, each adapted to the type of asset:
- Trademark and patent registration: Registering a trademark protects the company’s name or logo, while a patent ensures the exclusivity of a technical invention. These registrations must be applied for at the relevant trademark and patent offices and are essential for recognising and protecting innovation.
- Registration with the Intellectual Property Registry: In the case of original works, such as software, books, music, and other content, it is possible to register them with the Intellectual Property Registry. This reinforces the copyright of the work and facilitates the recognition of authorship in case of dispute.
- Protection of industrial designs: Industrial designs can be protected to ensure the exclusivity of a visual design or a specific appearance, whether of a product or its presentation. This type of registration is useful for companies that develop unique and distinctive products.
Copyright protection
Copyright arises automatically upon the creation of an original work, offering protection against unauthorised copies. However, there are additional measures that companies can adopt to reinforce and formalise this protection.
- Use of the © symbol: Including the copyright symbol (©) followed by the year of creation and the name of the rights holder on published works facilitates the recognition of copyright and deters unauthorised use.
- Voluntary registration of the work: Although copyright arises automatically, voluntarily registering a work with the Intellectual Property Registry provides official proof of authorship that may be useful in legal disputes.
- Additional technical measures such as digital watermarks: For digital works, such as images, videos, or documents, the use of digital watermarks is a deterrent measure that limits the possibility of unauthorised use.
Patents and utility models
Patents and utility models protect technical inventions and offer their holders the exclusive right to exploit them for a determined period. This protection is especially relevant for companies that invest in development and technological innovation.
Protection for technical inventions
To effectively protect an invention or utility model, it is necessary to:
- Maintain confidentiality before filing: Before submitting a patent application, it is essential to keep the invention secret. Public disclosure prior to registration could invalidate the possibility of obtaining the patent.
- Conduct a prior art search: Before registering a patent, it is advisable to conduct a prior art search to ensure that the invention is truly novel and has not been previously patented.
- Apply for protection in strategic markets: When registering a patent, it is important to assess in which countries or regions it is relevant to apply for protection, considering those markets where the company operates or plans to operate. This guarantees exclusivity in the territories of commercial interest.
Trade secrets
Some high-value information, such as formulas, production methods, or business strategies, does not need to be registered and can be protected as trade secrets. This is an effective strategy to maintain a competitive advantage without the need to make the information public.
- Internal security measures: Establishing physical and digital controls to protect access to sensitive information is key. This includes everything from office security systems to restrictions on digital access.
- Access limitation: It is essential that only those who need to know the information have access to it. This involves classifying and managing access according to the role and necessity of each employee or collaborator.
- Confidentiality agreements with employees and partners: Confidentiality agreements (NDAs) with employees and business partners are legal tools that protect sensitive information, ensuring that those with access to the company’s trade secrets are obliged not to disclose it.
Protection of commercial data
In addition to intellectual property, commercial data are critical assets for companies, as they include sensitive information about clients, suppliers, and business strategies. Protecting this data is essential for maintaining client trust and avoiding a loss of competitiveness.
To protect commercial data, companies must adopt various technical security measures, ensuring that the information is accessible only to those who need it and is protected against unauthorised access.
- Secure passwords and robust authentication: Using strong, complex passwords, as well as two-factor authentication systems, ensures that access to the company’s systems is restricted and protected against intrusion attempts.
- Data encryption: Encrypting data ensures that, even if the information is intercepted, it cannot be read or used without the corresponding key. This is a fundamental measure for protecting data in transit and at rest.
- Firewalls and security software: Implementing firewalls and up-to-date security software helps to block unauthorised access to the company’s network, thus protecting commercial data against external threats.
- Regular backups: Regularly creating backups allows for data recovery in case of loss, hardware failure, or cyberattack. These backups should be stored in secure locations, preferably on external storage systems.
Data protection policies
In addition to technical measures, it is essential that companies develop clear internal policies that define how commercial data should be managed and protected.
- Limiting access to sensitive information: Restricting data access only to those employees who need it is a basic measure to protect information and reduce the risk of loss or unauthorised use.
- Training employees in data security: Continuous training in good security practices is crucial to avoid human errors that may compromise data.
- Incident response plans: Having an incident response plan helps to react quickly and effectively to potential security breaches, minimising the impact of any unauthorised access.
- Continuous monitoring of systems and networks: Ongoing monitoring allows for the detection of suspicious activity patterns within systems, facilitating the early identification of threats or vulnerabilities.
Regulatory compliance
It is fundamental that companies remain compliant with the applicable data protection regulations, as these establish the minimum standards for information security and help avoid sanctions.
- GDPR in the European Union: The General Data Protection Regulation sets strict rules on the processing of personal data of European citizens, applicable to companies in all sectors.
- LOPDGDD in Spain: The Organic Law on Data Protection and Guarantee of Digital Rights complements the GDPR in Spain, establishing additional regulations for the protection of digital rights.
- Other local and sectoral regulations: In addition to general rules, some industries, such as healthcare or finance, have specific regulations that companies must comply with to protect their clients’ information.
Consent management
For the processing of personal data, it is key to obtain and manage users’ consent appropriately, using platforms that facilitate the administration of their preferences.
- Consent management platforms (CMP): CMPs enable companies to obtain and manage users’ consent centrally, ensuring compliance with privacy regulations and facilitating the administration of permissions.
- Offering options for managing privacy preferences: Companies should provide users with clear options to manage their privacy preferences at any time, maintaining transparency and control over their data.
Additional strategies to protect intellectual property and commercial data
In addition to the specific measures, there are other complementary strategies that can enhance the protection of a company’s intellectual property and commercial data.
Regular audits
Security and data protection audits allow for the periodic evaluation of implemented measures and the making of adjustments as necessary.
- Identifying and correcting vulnerabilities: Audits help to uncover potential security flaws and to implement improvements before they become problematic.
- Updating protection measures: With the constant evolution of cybersecurity threats, it is crucial to update security measures regularly to maintain their effectiveness.
- Ensuring continuous regulatory compliance: Audits also verify compliance with applicable regulations, helping to avoid sanctions and ensuring that the company adheres to current data protection standards.
Training and awareness
Employee training is fundamental for an effective security strategy, as staff are the first line of defence against potential threats.
- Good security practices: Educating employees on security practices, such as proper password management or recognising suspicious emails, reduces the risk of human error.
- Handling sensitive information: Training staff in managing confidential information ensures that everyone is aware of the company’s policies and procedures regarding data protection.
- Protection of intellectual property and commercial data: Raising awareness of the importance of intellectual property and commercial data reinforces employees’ commitment to its protection.
Contracts and agreements
Legal contracts and agreements are key tools for protecting the company’s interests and ensuring compliance with security and confidentiality policies.
- Confidentiality agreements (NDAs) with employees and partners: NDAs help protect confidential information shared with employees or external collaborators, establishing legal consequences in the event of non-compliance.
- Intellectual property clauses in employment contracts: These clauses ensure that the intellectual property rights of any developments made by employees during their employment belong to the company.
- Licensing agreements for the use of intellectual property: When the use of intellectual property is permitted to third parties, licensing agreements regulate the conditions of use, ensuring the protection of the company’s rights.
Protecting intellectual property and commercial data is essential for the sustainability and competitiveness of a company in today’s market. Implementing a comprehensive approach that combines legal, technical, and organisational measures allows for the safeguarding of the organisation’s most valuable assets.
