Innovate UK EDGE recommended a number of companies which could conduct an audit and Camille approached two of these – Inngot was “the quickest to reply with a concrete action plan”, says Camille. She was also impressed with the company’s online platform and tools for SMEs to identify, manage and value their IP, and its range of bespoke services.

Camille asked Inngot to conduct an IP audit, funded under the UK IPO-run IP Audit Plus scheme (which provides a £3,000 grant to cover IP advice) to identify the current IP that Saskey owns and what other IP from third parties it may be using. The audit also covered processes and procedures to protect Saskey’s existing IP and any new IP that might be generated as the company scales.

Inngot’s experts began by establishing that the IP related to Immergency was currently owned either by Saskey Ltd or by Camille Gillet as an individual. Inngot suggested she should explore creating a holding company to own all the relevant IP, then licence it to Saskey and to licensees/franchisees. While there are costs involved, a holding company would protect the IP if Saskey Ltd got into financial difficulties.

The Immergency business model is focused on creating and delivering unique and engaging content via an escape room. The core of the company’s IP rests in software code, processes (games and rules), artistical works, content, videos, and other informational material, and in the know-how involved in creating and running the escape room. Copyright assets protect creative works and are therefore likely to be the most valuable intangible assets that the company currently owns or controls.

However, copyright only protects the implementation or expression of an idea, not the idea itself (so copyright can’t stop other people launching environmentally themed escape rooms); and copyright rests with the original creator, unless there is a legal agreement to assign it elsewhere. Such agreements should be put in place for contracts with any third party such as graphic designers, musicians, etc, and should also be reflected in employment contracts with staff.

Inngot also recommended registering trade marks, both those already in use and any which were created in the future, and also registering domain names.

Implementing good IP habits, such as securing and documenting as much IP as possible, as well as other know-how would be necessary to support a move to a franchise model, as would full exploration of the legal and other technical elements involved in franchising.

Finally, as Saskey has developed software code which might be patentable at some future date, it would be a good idea to consult with a patent attorney to discuss this issue.