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How to create your legal team’s IP strategy

As the importance of robust intellectual property grows for businesses everywhere, the head of legal at Procreate shares practical tips and advice essential for crafting your own IP strategy that meets your specific business needs.

user iconGrace Robbie 14 January 2025 Corporate Counsel
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Speaking on a recent episode of The Corporate Counsel Show, Sarah Standen, the head of legal at Procreate and finalist for the Corporate Counsel (SME) of the Year award for Lawyers Weekly 30 Under 30 Awards 2025, provided insights and recommendations for businesses seeking to develop a tailored intellectual property (IP) strategy that aligns with their specific needs.

In the same episode, she underscored the increasing importance of implementing and upholding proficiency in IP matters. She also urged individuals to shift their perception of this field, arguing that it should no longer be viewed as a secondary area of focus.

Standen stressed that an effective IP strategy is not a “one-size-fits-all” model; instead, it necessitates a deep understanding of the core values and essence of the business.

“There’s definitely no one size fits all for an IP strategy or any of those kinds of policies that you may have in place. It can be very particular to the industry that you’re in, the strategic direction and values of that industry.

“The starting point is really figuring out, OK, what is the core of this business? And it will vary from business to business,” she said.

She further elaborated on her experience, stating: “I’m in a software company that works in the creative industry, so it’s very pertinent for me. But you’re delving into, what is it that this organisation does and what is the lifeblood of this organisation? Whether that is software or creative works, music, or whatever you’re dealing with, you figure out what is the lifeblood here?”

The next step in developing an IP strategy, according to Standen, is to identify the types of IP the organisation possesses, whether they are created in-house or obtained from third parties, and the manner in which such IP is utilised.

“Then, you also need to figure out what other IP are we using within the business?

“Third-party IP, it’s not just making the most of the IP that you’re creating and protecting it; it’s also having systems in place to ensure that the IP that you are licensing or you’ve been assigned is handled appropriately. So the first question is, what have we got? What are we doing here?” she said.

Standen revealed that many businesses already have some form of IP-related policies, even if a formal strategy has yet to be established.

“When it comes to developing IP policy, most companies already have a lot of the key components. You already have your employment contracts, your contractor agreements, your NDAs, various deeds of assignment,” she said.

An essential step that Standen recommends for businesses to consider is to conduct a thorough review of all existing resources and policies related to IP, as it helps assess the current state of protection and identify any gaps that may render the business vulnerable.

“I like to think of an IP strategy as an interconnected web of different policies, procedures and systems.

“At first, take stock of all of the resources, the documents, [and] policies that you already have in place that actually are relevant to IP, bring them all together and say, OK, do we have an alignment here? Are there any inconsistencies there, any gaps?” she said.

“You can start to form a bit of a map about how your IP is already protected within the business. But although it may not necessarily be articulated in that way, and then from there, you can start to plug the gaps and priorities and obviously contents, led by the company’s priorities in the market and also key areas of risk.”

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