How to Protect Your Agency's Intellectual Property When Outsourcing

How to Protect Your Agency’s Intellectual Property When Outsourcing

How to Protect Your Agency's Intellectual Property When Outsourcing

As a seasoned digital marketer and SEO specialist based in the Philippines, I’ve had the privilege of working with numerous agencies and businesses from the US, UK, Australia, Canada, and beyond over the years.

I’ve seen firsthand the immense value that outsourcing work to skilled professionals in countries like the Philippines can provide in terms of cost savings, increased bandwidth, and access to specialized expertise.

However, one critical consideration that should be top-of-mind for any company outsourcing work is how to protect your intellectual property (IP) properly.

When engaging an external partner and sharing sensitive information, strategies, and creative assets, you need to have safeguards in place. A single leak or instance of IP theft could be catastrophic.

If you’re considering outsourcing to the Philippines or other countries, here’s what you need to know to protect your agency’s most valuable assets:

1. Formalize Everything: Contracts and NDAs

This might seem obvious, but you’d be surprised how often the basics are overlooked. Before any work begins:

  • Ironclad Contract: This should clearly define ownership of all work products, deliverables, and any IP created during the project.
  • Non-Disclosure Agreements (NDAs): These are essential for protecting confidential information, client data, and your unique strategies. Make sure NDAs are signed by every individual working on your projects, not just the company.

2. Choose Your Partners Wisely: Due Diligence is Key

The Philippines has a wealth of talent, but not all outsourcing providers are created equal. Take your time:

  • Reputation Matters: Look for established companies or freelancers with proven track records and positive reviews from other international clients.
  • Communication is Crucial: Choose partners who speak your language fluently and understand your business culture. This will save you headaches down the line.
  • References: Ask for references and contact previous clients to get their honest feedback about the provider’s reliability, quality of work, and IP protection practices.

3. Cultural Understanding: It’s Not Just About Skills

A successful outsourcing relationship goes beyond technical expertise:

  • Work Ethic Alignment: The Philippines has a strong work ethic, but understanding cultural nuances will help you set realistic expectations and avoid misunderstandings.
  • Transparency: Encourage open communication and regular check-ins to ensure everyone is on the same page and any potential IP concerns are addressed early on.

4. Philippine IP Laws: Know Your Rights

The Philippines has robust intellectual property laws that are aligned with international standards. However, enforcement can vary.

  • Register Your IP: If you have trademarks, copyrights, or patents, register them in the Philippines for added protection.
  • Legal Counsel: If your IP is particularly sensitive, consider consulting a lawyer with experience in Philippine IP law.

5. Build Relationships: The Power of Trust

Outsourcing is a partnership. Invest time in building trust with your Filipino colleagues.

  • Fairness: Pay fair rates, offer growth opportunities, and show appreciation for their hard work. This creates loyalty and fosters a protective environment for your IP.
  • Visit the Philippines: If possible, visit the country to meet your team in person. This personal connection strengthens your working relationship and demonstrates your commitment to their success.

My Experience

When screening potential outsourcing partners in the Philippines, it’s especially important to dig into their history, reputation, and client base.

The country has thousands of outsourcing agencies, but quality and security practices can vary widely. Look for firms with a proven track record serving global clients similar to your business.

That said, in my experience, the rewards of outsourcing to the Philippines far outweigh the risks for most companies if you take proper precautions. The country has an enormous base of highly skilled, English-speaking talent at competitive rates.

With the right partners and protections in place, you can supercharge your agency’s capabilities while safeguarding your most valuable assets.