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Trademarks vs. Copyrights vs. Patents: A Startup Guide to IP Protection
Startups thrive on ideas - but ideas only create value if they’re protected. Intellectual property (IP) safeguards your brand, your creative work, and your innovations. From your logo to your code to your inventions, knowing which type of IP applies is essential to protecting your edge and building long-term value.
Non-Solicitation Clauses Explained
When an employee leaves your startup, there’s always a risk they’ll try to take your people or customers with them. That’s where non-solicitation clauses come in - they’re a powerful, often enforceable tool to protect your business after key team members depart.
Should Startups Use Non-Compete Clauses? Here’s What Founders Need to Know
In the fast-moving startup world, it’s natural to want protection against former employees joining a competitor. That’s why non-compete clauses have been popular for years. But the legal landscape is changing - raising real questions about whether they’re enforceable, useful, or even worth including.
FAQs
Open allIs an MOU legally binding?
Most MOUs are not legally binding, but they can include binding provisions if clearly stated, such as confidentiality or exclusivity.
What’s the biggest risk in signing an LOI?
Overcommitting - such as granting long exclusivity or including too much detail - can lock you into unfavorable terms before negotiations are complete.
Can you walk away from an LOI?
Yes, unless you are bound by specific provisions. However, backing out without good reason may damage future relationships.
Why do investors and buyers use LOIs?
LOIs outline deal terms upfront, giving both sides confidence before investing in due diligence and full contract drafting.
Is a Letter of Intent legally binding?
Most of an LOI is non-binding, but certain provisions like confidentiality and exclusivity are enforceable.
Why do SaaS startups need a Data Processing Addendum (DPA)?
If you handle personal data, a DPA ensures compliance with GDPR, CCPA, and similar laws. Many enterprise clients require it before signing.
Who owns the customer data in a SaaS Agreement?
Usually the customer, though the provider may retain limited rights to use the data for service delivery, analytics, or improvements.
Do SaaS Agreements need Service Level Agreements (SLAs)?
Yes, especially in B2B deals. SLAs provide uptime guarantees and remedies for service failures, which are critical for enterprise customers.
What makes a SaaS Agreement different from a software license?
Traditional licenses transfer a copy of the software, while SaaS Agreements grant access to use the software as a service without ownership.
Who owns improvements made to licensed IP?
It depends on the agreement. Without clear terms, disputes often arise over whether the licensee or licensor owns enhancements.
How are royalties typically structured?
They can be flat fees, per-user charges, or revenue-based percentages. Audit rights are critical to confirm accurate reporting.
Should startups offer exclusive licenses?
Exclusivity can motivate partners but carries risk. If granted, tie exclusivity to performance obligations like sales targets or minimum royalties.
What’s the difference between licensing and selling IP?
Selling transfers ownership permanently, while licensing allows others to use your IP under defined terms while you retain ownership.
Should startups offer exclusive licenses?
Exclusivity can motivate partners but carries risk. If granted, tie exclusivity to performance obligations like sales targets or minimum royalties.
What’s the difference between licensing and selling IP?
Selling transfers ownership permanently, while licensing allows others to use your IP under defined terms while you retain ownership.