Intellectual Property

ISO27001 requires you to understand what your IP is and how you are protecting that. 

Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, however, the most well-known types are copyrights, patents, trademarks, and trade secrets.
Typical IP for TechCompanies can be your  Source Code, AI Models, Certain Databases or a method or way of working, anything that you want to keep secret for you customers and competitors and that needs to be protected when your team are using it. 

Describe what it is, and where your store it and how you protect it. 

If you store your code/model in a supplier tool (e.g. Github) and rely on the backup of that supplier – the protection is poor. 

Always have a second – secure – backup in place and run at least twice a year a test if you can restore your source code. (assign a control for this – link to section Controls)

Make sure that the access to IP  is controlled by limited amount of people in your organization.  

Make sure that in contracts (labour, freelancer, NDA’s, confidentiality- agreements) the confidentiality is covered during and after the contract. 

Make sure that during exit conversations, you repeat the confidentially agreement to the stakeholder. 

You can upload evidence of your IP (lawyer documents) or add extra fields if needed. 

Types of protection for intellectual property rights for the Netherlands

  • Patents : Protect an invention or a technical product or process. [Patent Licence](https://www.rvo.nl/onderwerpen/innovatief-ondernemen/octrooien-ofwel-patenten/u-heeft-een-octrooi/licentie-verlenen)
  • Copyright: Protects works of literature, scholarship, science and art. These include books, films, paintings, music, games, photographs and software. [Copyright Act](https://wetten.overheid.nl/BWBR0001886/2018-10-11)
  • Neighbouring rights : Protect the work of performers, music and film producers, and broadcasting companies.[Neighbouring Rights Act](https://wetten.overheid.nl/BWBR0005921/2018-10-11)
  • Trademarks: Protect the names of products or services. [Register Trademark](https://www.boip.int/en/entrepreneurs/trademarks)
  • Design rights: Protect the appearance of two- or three-dimensional products
  • Database rights: Protects the producer of the database against retrieval or re-use of a substantial part of the database. [Database Legal Protection Act](https://wetten.overheid.nl/BWBR0010591/2018-10-11)
  • Tradename law: Protects the name under which an enterprise does business [Tradenames Act](https://wetten.overheid.nl/BWBR0001906/2017-09-01)
  • Plant breeders’ rights: Protect new plant varieties. [Plant Breeders Rights](https://english.rvo.nl/onderwerpen/innovative-enterprise/patents-other-ip-rights/plant-breeders-rights)
  • Semiconductor topography rights: Protect the design of electronic circuits on computer chips. [Semiconductor Topography Rights](https://english.rvo.nl/onderwerpen/innovative-enterprise/patents-other-ip-rights/chips-rights)

Field Value/description Example
Intellectual Property free text – name of the IP Software for interviews with participants
Description free text – describe the IP Video interviewing software with added AI capabilities to help analyse participants’ facial expressions and generate sentiment and confidence scores
Type of protection for IP free text – refer to list of types of protection registers for intellectual property rights from the section “How” of the Wiki Copyright
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