Debunking Common Myths About Intellectual Property (IP)
Intellectual Property is a crucial aspect of business and creativity, yet it’s often misunderstood. These misconceptions can lead to costly mistakes and missed opportunities. Let’s debunk some of the most common myths about IP.
Whether you’re a startup founder, an artist, or just someone curious about how IP works, understanding what’s true and what’s cannot save you time, money, and a major headache down the line. So let’s clear the air by busting some of the most common IP myths that just won’t go away.
Myth 1: If I change 10% of someone’s work, it’s no longer infringement.
Let’s set the record straight: There is no such thing as a “10% rule” in IP law. The law doesn’t work off percentages it’s all about whether the new work is substantially similar to the original.
Even small tweaks won’t protect you if the essence or recognizable elements of the original are still clearly there. Whether it’s a design, a song, or a logo, copying even with modifications can still land you in legal trouble.
Myth 2: If it’s on the internet, it’s free to use.
This one is not just wrong it’s risky. Just because a photo, video, or article is easy to find online doesn’t mean it’s free to copy or repost. In fact, most content on the internet is protected by copyright, whether it says so or not.
Unless the work is clearly labeled as being in the public domain or licensed under Creative Commons, you need to get permission to use it. Otherwise, you could be opening yourself up to a copyright infringement claim even for something as simple as using a photo in a presentation.
Myth 3: You can’t patent software or business methods.
This myth has just enough truth in it to be misleading. It’s correct that abstract ideas like algorithms or general business concepts aren’t patentable. But that doesn’t mean all software or business methods are off-limits.
What makes something patentable is how it’s implemented. If your software or process solves a technical problem in a new, non-obvious, and useful way, there’s a good chance it can be protected with a patent. It’s all about the specific innovation, not just the idea behind it.
Myth 4: Once I register a trademark, it lasts forever.
We wish it were that easy! While trademarks can potentially last for decades, they don’t renew themselves. You have to actively maintain your registration by filing certain legal documents at regular intervals.
For example, in the U.S., you need to file a Declaration of Use between the 5th and 6th year, and then renew every 10 years after that. If you forget or skip a step, your trademark can be canceled even if you’re still using it.
Myth 5: Registering a company or domain name gives me trademark rights.
This is a common misunderstanding. While registering a business or domain name is important, it doesn’t automatically give you legal trademark protection. Trademark rights are earned through actual use of the name in connection with specific goods or services.
To protect your brand fully, you need to go a step further: conduct a trademark search to make sure the name isn’t already taken, and then apply for registration with the appropriate IP office. Otherwise, you risk building a brand you can’t legally defend—or worse, infringing on someone else’s.
Understanding the realities of IP law is essential for creators, entrepreneurs, and businesses of all sizes. Dispelling myths helps ensure that innovation is properly protected and that rights are exercised wisely and effectively.
Whether you’re writing your first book, launching a startup, or just building your personal brand, protecting your intellectual property is not optional it’s essential.
When in doubt, consult with an IP professional. It’s always better to ask questions early than to fix problems later.
Written by our Tunisia Office Director: Ms. Sabrine Trad.
