Proprietary notices: Overview, definition, and example
What are proprietary notices?
Proprietary notices are legal statements or disclaimers placed on documents, products, or intellectual property to indicate ownership rights, copyright, or protection of confidential or proprietary information. These notices serve as a formal declaration that certain materials, information, or content are protected by law and are the exclusive property of the person or entity that owns them. Proprietary notices are often included in contracts, software, marketing materials, and product documentation to notify others that the intellectual property is owned and cannot be used, copied, or distributed without permission.
Common examples of proprietary notices include copyright notices, trademark symbols, confidentiality disclaimers, and patents.
Why are proprietary notices important?
Proprietary notices are important because they help establish and protect ownership rights over intellectual property. By including these notices, the owner is clearly asserting their legal claim to the materials or information, which can prevent unauthorized use or infringement. Additionally, proprietary notices often serve as a warning to others about the legal consequences of misusing or reproducing protected materials without permission.
For businesses, proprietary notices are vital for safeguarding trade secrets, proprietary software, patents, trademarks, and other forms of intellectual property. These notices provide a legal basis for enforcement actions in case of infringement, ensuring that the rights of the owner are respected.
Understanding proprietary notices through an example
Imagine a software company that has developed a new application. On the software’s packaging and in the user manual, the company includes a proprietary notice that reads: "© 2025 ABC Software Company. All rights reserved." This notice indicates that the software is copyrighted and that the company holds the exclusive rights to distribute, copy, or modify the software. If another company were to copy or distribute the software without permission, the software company could use the proprietary notice as evidence to pursue legal action.
In another example, a manufacturer of a new product includes a proprietary notice on its packaging that states: "This product design is protected by U.S. Patent No. 1234567." This notice informs consumers and competitors that the design is patented, and any unauthorized reproduction or imitation of the product could result in a patent infringement lawsuit.
An example of a proprietary notice clause
Here’s how a proprietary notice clause might appear in a licensing agreement:
“The Licensee agrees to include the following proprietary notice on all copies of the licensed software: ‘© 2025 XYZ Corp. All rights reserved. This software is the exclusive property of XYZ Corp. and is protected by copyright law and international treaties.’ The Licensee further agrees not to remove or alter any proprietary notices included in the software.”
Conclusion
Proprietary notices are essential tools for protecting intellectual property and ensuring that the owner’s rights are recognized and respected. These notices help businesses maintain control over their assets, such as software, trademarks, patents, and trade secrets, by clearly indicating ownership and legal protection. Including appropriate proprietary notices is crucial for preventing unauthorized use, reproduction, or distribution, and provides a legal basis for enforcement if necessary. For anyone dealing with intellectual property, understanding the importance of these notices is key to safeguarding their creations and assets.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.