Is Your Business Data Considered Intellectual Property?

It is easy to overlook just how much value is tied up in something you cannot physically hold. Most business owners think of intellectual property in terms of trademarks, logos, or perhaps even a patented invention, but the reality is that data, in many cases, sits at the center of everything. If you are a business owner and your company relies on customer information, internal systems, or even carefully developed processes, there is a very real chance that what you are working with may qualify as intellectual property, even if it does not initially seem that way. Read on and reach out to Lemler IP to speak with an Orleans Parish, Louisiana intellectual property lawyer to learn more about when your business data may be considered valuable IP. Here are some of the questions you may have:

What Types of Business Data Can Be Considered Intellectual Property?

Rather understandably, not all data is treated the same under the law, and simply having information does not automatically mean it is protected. That being said, certain types of business data may qualify as intellectual property, particularly when they provide a competitive advantage and are handled appropriately. Some of the most common examples include the following:

• Trade secrets: In many cases, confidential business information that gives your company an advantage, such as internal processes, formulas, or strategies, may be protected as a trade secret, so long as you are actively taking steps to keep that information private.
• Copyrightable materials: If your business compiles or presents data in a way that is original, that specific presentation may qualify for copyright protection, even though the underlying facts themselves typically will not.
• Proprietary databases: Databases that are carefully organized or structured in a unique way may receive a level of protection, particularly when there is some degree of creativity involved in how the information is arranged.
• Software and algorithms: If your business relies on custom-built software or data-driven systems, those elements may be protected through copyright, and in some instances, even patent law. Keep in mind, however, that heavily relying on open-source code can severely complicate or even void these protections, making a professional review essential. If your developers have integrated open-source software with particular types of licenses you may actually be prevented from claiming exclusive rights.

How Do You Protect Business Data Under Intellectual Property Laws?

Simply having valuable data is not enough, as intellectual property protection is often dependent on the steps you take to actually protect it. Many businesses assume their information is automatically safe, only to later discover that without proper safeguards, they may have little recourse. To help ensure your data is protected, you should consider the following:

• Use confidentiality agreements: Non-disclosure agreements can make it clear that certain information is not to be shared, and they are often one of the first lines of defense when it comes to protecting sensitive data.
• Implement internal safeguards: Limiting access to key information, using secure systems, and maintaining strict control over who can view or use certain data can go a long way in demonstrating that your business takes confidentiality seriously.
• Register applicable intellectual property: Where appropriate, registering copyrights or seeking patent protection can provide an additional layer of security.
• Develop clear policies: Having written policies that outline how data should be handled, stored, and protected can strengthen your position if a dispute ever occurs.

While not every piece of business data will qualify as intellectual property, a significant amount of it very well may, especially when it plays a central part in your operations. That’s why you need to understand what you have, how it is protected, and what steps you should take if that protection is ever compromised. If you have further questions or would like assistance protecting your business data, please don’t hesitate to contact a New Orleans intellectual property lawyer from Lemler IP today.