Close Menu
  • News
  • Home
  • In Profile
  • Finance
  • Legal
  • Technology
  • Events
  • Features
  • Wellbeing & Mental Health
  • Marketing
  • HR & Recruitment
  • About
  • Advertise
  • Events Calendar
  • Business Wall
  • Subscribe
  • Contact
  • 0843 289 4634
X (Twitter) LinkedIn YouTube
Trending
  • Honoured For Putting Client Experience First: Filestream Celebrates Award Win
  • ESRS E5 and the Circular Economy
  • AI, broadband and the metaverse to enable remote working revolution by 2050
  • Founders need an ‘exit ready’ mindset to bag a business sale
  • Is Safety And Security Front Of Mind For Your Business This Holiday Season?
  • Don’t forget about continuity with business resilience
  • Rachel Reeves’ November Budget: A Turning Point for UK SMEs — or a Missed Opportunity?
  • Growing up matters. Is your accounting function broken?
X (Twitter) LinkedIn YouTube
SME Today
  • About
  • Advertise
  • Events Calendar
  • Business Wall
  • Subscribe
  • Contact
  • 0843 289 4634
  • News
  • Home
  • In Profile
  • Finance
  • Legal
  • Technology
  • Events
  • Features
  • Wellbeing
  • Marketing
  • HR & Recruitment
SME Today
  • About
  • Advertise
  • Events Calendar
  • Business Wall
  • Subscribe
  • Contact
  • 0843 289 4634
  • Twitter
  • LinkedIn
  • YouTube
  • RSS
You are at:Home»Features»Why protecting and proving software IP is key for startup business growth
protect IT IP

Why protecting and proving software IP is key for startup business growth

0
Posted By sme-admin on November 2, 2021 Features, Legal

The tech sector has been among the few winners of the pandemic. According to Tech Nation, a new startup launched every half an hour in the UK between January and December of 2020, double the rate of the previous year. The entrepreneurial spirit and talent of British business owners, combined with record levels of funding has made the UK a competitive tech hotspot. So much so that the government has set up a fund to supercharge fast-growing tech firms to further foster tech innovation in the UK.

The concept of business, technology, the Internet and the network. A young entrepreneur working on a virtual screen of the future and sees the inscription: Intellectual propertyBehind almost all tech startups, and one of the primary assets of businesses today, is software, and with the growth of more advanced technologies in the UK, companies must be cautious about their software intellectual property (IP), especially as a startup. We’ve already seen some of tech’s biggest companies battle it out over software copyright issues – in the UK, for example, the SAS Institute Inc v World Programming Ltd case saw SAS claim that World Programming Ltd (WPL) did not have rightful access to the source code to its SAS System software to create the software programme, eventually ruling in WPL’s favour and sparking regulation changes to existing copyright laws. For startups and small businesses, these kinds of cases can cost a huge amount of money and damage reputations, and so protecting and proving software IP has become a startup essential.

What is digital asset IP?

When a company launches, there are steps it must take to protect and prove the ownership of certain assets. In the UK, companies must be registered in order to allow them to be legally recognised as a business, while assets such as company name, logo and other branding elements can be trademarked through the Intellectual Property Office to avoid other companies using them. But for digital assets, like software and source code, they must be protected in a different way in order to bring the same value and validation to the business. Much like a film script or a book, source code is treated as a creation of the mind, and thanks to a 1996 agreement to the Berne Convention, an international treaty that protects literary and artistic works under copyright, computer programmes are now considered a ‘literary work’ and can be protected to some extent under the Berne Convention. This means that copyright is automatically established at the time the expression is created. However, while the Berne Convention protects copyright of source code, software providers still need to prove this ownership and the prior rights of the digital asset if challenged in court. To do so, they must take proactive measures to protect their IP.

Proactive measures to prove your software IP

One way to protect and prove the ownership of source code and ensure it is fully protected under copyright is to deposit the asset  with a trusted third party. Not only does this force software developers and companies to think about who owns the right to their creation but it also timestamps the software and produces a certificate, proving the precedence of the asset. It is important to ensure that your deposit provider can provide a certificate that is recognised in all 179 countries that belong to the Berne Convention. In this way, software providers and developers are able to prove their ownership and secure their intellectual property rights. Before the modern digital age, creators and innovators would seek out the help of notaries and lawyers to secure their copyright, but many often failed to do so given the cost and time involved.  Thankfully, today there are trusted third party providers that offer digital solutions for digital assets which enable secure online deposits to an electronic vault and easy, even automated, updates.

Regular updates of deposited assets allow the developer to map the evolution of the digital asset, thus expanding the IP protection to each updated version of the software. And for simplicity of management (software is a constant evolving creation), it is wise to choose a deposit provider that can manage these updates automatically.

Why deposits and software IP are important for business growth

Deposit solutions that prove ownership of a software creation are not only fundamental to successful IP litigation and enforcement of copyrights, but it can also increase the valuation of a company and the likelihood of ‘sealing the deal’.  If we think about the current state of the UK economy, there is an increased interest in the innovation space, with tech and software being the main drivers of this shift. This means that software-driven businesses that are seeking to raise funds, face an investor scene that is highly competitive, with investors being bombarded every day with opportunities from businesses. So software businesses must make their offers as attractive and competitive as possible. Having innovative and well-developed software is one thing but being able to prove that you own your software shows that you mean business when it comes to your creation. Moreover, as the importance of IP rights in the overall company valuation gains more global recognition, more investors are now demanding proof of IP protection. In the absence of such proof, valuation specialist firms have reduced the valuation of companies by as much as 20%.

Depositing your software source code with a trusted third-party reassures investors that you have protected your secrets and IP by mapping them out and timestamping them, limiting the risk of infringement and litigation from both external companies and internal employees. This can have an overall impact on the image that you present to investors as well as minimise the reputational risks and high costs that could occur from IP litigation, giving you that competitive edge that could just push investors to sign on the dotted line.

Article written by Philippe Thomas, CEO at Vaultinum

Share. Facebook Twitter Pinterest LinkedIn Tumblr Email

Related Posts

Founders need an ‘exit ready’ mindset to bag a business sale

Is Safety And Security Front Of Mind For Your Business This Holiday Season?

Don’t forget about continuity with business resilience

Comments are closed.

Follow SME Today on Linkedin and share all the topics you find interesting
ISO/IEC 27001 roadmap: A practical guide for UK SMEs
ISO/IEC 27001 roadmap: A practical guide for UK SMEs
Are you a Company Director?
Are you a Company Director - Verify your identity
Mastermind9
Events Calendar
    • Marketing
    November 7, 2025

    Marketers Panic After Meta’s Algorithm Shift

    November 6, 2025

    Handwriting Meets Marketing: How Graphology is Redefining Consumer Insight

    • Finance
    December 1, 2025

    Founders need an ‘exit ready’ mindset to bag a business sale

    November 27, 2025

    Growing up matters. Is your accounting function broken?

    • People
    October 13, 2025

    Dr. Karim Bahou appointed Head of Innovation at Sister, Manchester’s £1.7bn innovation district

    September 30, 2025

    Allergen Free For The Win: Ceo Of Inclusive Food Brand Announced As Best Business Woman

    • Health & Safety
    September 18, 2025

    Lessons From Grenfell Are Still Being Learned

    September 2, 2025

    1 in 3 employees anxious about lack of first aiders at work

    • Events
    November 19, 2025

    Higher Voltage Event For Solopreneurs In London

    October 10, 2025

    Nominations Now Open for UK’s Top 100 Businesses – EB100 2026

    • Community
    November 24, 2025

    Cherishers Supports Those Spending Christmas Alone

    September 18, 2025

    ClearCourse appoints new Chair of the Board, Simon Black

    • Food & Drink
    November 20, 2025

    High fat, salt, sugar – and fines: the franchise compliance risk

    October 15, 2025

    Stockley’s Moves To New Purpose-Built Facility To Support Ambitious Expansionist Vision

    • Books
    November 5, 2025

    Generations Expert Alastair Greener To Celebrate Launch Of New Book In Oxford

    September 3, 2025

    New book on conquering fear of public speaking

    The Newsletter

    Join our mailing list for the best SME stories, handpicked and delivered direct to your inbox every two weeks!

    Sign Up
    About

    SME Today is published by the same team who deliver The Great British Expos’. We have been organising various corporate events for the last 10 years, with a strong track record of producing well managed and attended business events across the UK.

    Join Our Mailing List

    Receive the latest news and updates from SMEToday.
    Read our Latest Newsletter:


    Sign Up
    X (Twitter) YouTube LinkedIn
    Categories
    • Books
    • Community & Charity
    • Education and Training
    • Environment
    • Events
    • Features
    • Finance
    • Food and Drink
    • Health & Safety
    • HR & Recruitment
    • In Profile
    • Legal
    • Marketing
    • News
    • People
    • Property & Development
    • Sponsored Content
    • Technology
    • Transport & Tourism
    • Wellbeing & Mental Health
    • ABOUT SME TODAY: THE GO TO RESOURCE FOR UK BUSINESSES
    • Editorial Submission Guidelines
    • Privacy
    • Contact
    Copyright © 2025 SME Today.
    • ABOUT SME TODAY: THE GO TO RESOURCE FOR UK BUSINESSES
    • Editorial Submission Guidelines
    • Privacy
    • Contact

    Type above and press Enter to search. Press Esc to cancel.