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The short answer is no—you cannot legally copy an idea. Under intellectual property (IP) law, ideas themselves are not protected. For instance, simply having an idea to launch a subscription box service or a new type of app won’t qualify for protection. However, how the idea is expressed or executed can be protected under IP law.

1. Understand what can be protected

It’s important to determine which elements of your idea can actually be protected under IP law. For instance:

• Branding (e.g., business name, logo, or slogan) can be protected by trade marks.
• Innovative processes or products may be protected by patents, provided they meet the criteria for innovation and originality.
• Unique shapes can be protected under registered design rights.
• Written content, software, or visuals can be automatically protected under copyright law.

However, the idea itself cannot be protected by IP law—only the tangible expressions of the idea (e.g., your logo, product design, or strategy documents) can be.

2. Take proactive steps to protect your IP

To strengthen your protection, consider the following:

• Register your IP. For trademarks, patents, and design rights, registration establishes formal protection making it easier to act against infringers. As mentioned above, copyright is automatic.
• Non-disclosure agreements (NDAs). If you’re discussing your business idea with investors, partners, or collaborators, asking them to sign an NDA can prevent them from using your concept without permission.
• Keep documentation. Maintain thorough records of your work, including dates and details, to help prove ownership if needed.

3. Moral and Ethical Considerations

Even if how the idea expressed or executed is not protected, copying it can harm your reputation and relationships. Originality and creativity are valued assets, and businesses that are seen as copying others might struggle to build trust and credibility.

4. If your idea has been copied

If an aspect of your business idea that falls under IP law is copied, you may take the following steps:

• Gather evidence to document how and when the copying occurred.
• Check your registrations related to your business are registered and valid (i.e. correctly owned by you and have not expired).
• Send a Cease and Desist Letter. Often, a formal letter can resolve the issue without escalating the matter further.
• Legal Action. If the infringement persists, consult a legal expert to explore pursuing the matter in court.

5. Prevention Is Key

It’s always best to be proactive. Register your IP rights early, use NDAs for confidential discussions, and avoid oversharing sensitive details publicly before securing the proper protections.

If you’re unsure about your rights or need further guidance, our team of IP experts is here to help. Reach out to one of our Intellectual Property experts today to protect what’s yours.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.