ISO 27001 Annex A 5.32 Intellectual property rights protection
What it says
The organization shall implement appropriate procedures to protect intellectual property rights.
Quoted as published. Everything else on this page is written by Control Stack.
What it means
In plain EnglishDevelop procedures to safeguard intellectual property rights to avoid legal issues.
This control is about protecting your organisation's intellectual property, such as software, designs, or written material, to avoid legal trouble. If intellectual property rights aren't safeguarded, you may face lawsuits or financial losses from using or duplicating materials without permission.
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Why it matters
Inadequate IP protection can lead to costly legal battles, loss of exclusive designs or software, and diminished market advantage.
How to implement
The IT manager should create a clear policy on intellectual property protection.
This policy must be communicated to all staff, outlining what intellectual property is and how it should be handled to comply with legal requirements. Refer to ISO 27002:2022 guidance on defining these policies.
Procurement personnel must ensure that all purchased software comes from reputable, authorised sources.
This includes verifying the legitimacy of licences to avoid using pirated software, which can lead to legal penalties.
The legal team should maintain records of all software licences and intellectual material ownership.
This involves keeping an up-to-date inventory of all such assets to demonstrate compliance and ownership if questioned.
HR and management should conduct regular training sessions with staff on appropriate software use and intellectual property laws.
These sessions should highlight the importance of compliance and the risks of infringement.
IT staff need to conduct periodic audits of software and installed applications to verify compliance.
This includes ensuring that only authorised software is used and all licensing terms and conditions are met, especially with regards to user access limits.
Keep it running
Maintain IP procedures for licence use, IP rights/author ship, and NDA terms; train staff and review contracts and repositories to enforce them consistently.
Evidence and audit
- Check 1 of 5What an auditor asks for
Ask for
The intellectual property protection policy document.
Look at
Whether the policy clearly defines and communicates protection measures and responsibilities.
Good evidence
A comprehensive policy that is well-communicated to all staff.
- Check 2 of 5What an auditor asks for
Ask for
A list of all purchased software and their source documentation.
Look at
The sources from which software was acquired and evidence of proper licensing.
Good evidence
All software being purchased from reputable and approved vendors, with valid licences.
- Check 3 of 5What an auditor asks for
Ask for
Records demonstrating proof and evidence of intellectual property ownership.
Look at
How these records align with current software and information usage.
Good evidence
Up-to-date and complete documentation for all registered intellectual property assets.
- Check 4 of 5What an auditor asks for
Ask for
Training materials and attendance records regarding intellectual property rights.
Look at
The frequency and coverage of the training.
Good evidence
Regular, comprehensive sessions attended by relevant staff members.
- Check 5 of 5What an auditor asks for
Ask for
Results from periodic software audits.
Look at
The compliance with licence terms, especially regarding user access and software installations.
Good evidence
Documented audit findings with actions taken on any non-compliances.
Mappings
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