For most of our working lives we have taken the office for granted: the commute, the meetings, the squeaky chairs, the coffee machine! Traditional office design has been changing for some time as open-plan spaces and break out areas became the norm, fostering collaboration and creativity. But the seismic disruption of the pandemic, global technology advancements and the climate crisis have completely transformed our idea of the office of the future.
The workplaces of tomorrow (and increasingly of today) will need to provide greater flexibility, informality, and greener working. They must allow for good connectivity with those working from home, from flexible hubs and whilst on the move. To use space efficiently and economically, offices may more often be home to multiple businesses, coexisting and sharing space to their mutual benefit. As our working places change, businesses should be aware of the legal implications of how they interact with other parties and especially the protection of intellectual property rights related to innovation and creativity. We must evolve different approaches and not assume that business-as-usual will be sufficient.
Confidentiality in ‘offices’ without walls
When working within traditional office space, many businesses rightly spend less time thinking about maintaining the confidentiality of their trade secrets within the four walls of the workplace and focus their attention on protecting confidentiality when key knowledge is shared with third parties. Different settings, however, require a new approach to confidentiality. In open-plan offices or public spaces there is a risk of eavesdropping by others, or of prying eyes reading papers or screens over your shoulder. This is particularly important in a multi-user hub or whilst on the move.
To mitigate these risks, businesses should implement clear guidelines and protocols for safeguarding confidential information, including reminding employees to refrain from discussing private, managerial or client sensitive matters in areas where they may be overheard, or working with confidential papers which may be seen by others. Failing to do so may undermine company plans or breach privacy or data protection laws. Airing organisational information such as business costs or budgets, or trade secrets about industrial processes, novel technologies or products, may jeopardise not just the business’s commercial advantage but may also prejudice any possibility of patent or design protection.
Soundproof break-away rooms or a private space at home are where confidential conversations should take place. Secure networks should be used when working outside a formal office, and all devices should be password and virus protected.
Protecting the innovation and creativity of your business
An organisation’s intellectual property is often vital to the success of its business and, whilst intangible, may be its most valuable asset, other than its people. Most companies are familiar with securing their intellectual property rights generated during the normal operation of business through well-drafted employment contracts and comprehensive agreements with contractors and suppliers. However, a future workplace may blur the edges around development processes and risk compromising the protection afforded by traditional approaches.
Flexible workspaces and working practices are designed to encourage connection and collaboration across multi-disciplinary teams (including competitors), and to encourage mutual innovation and creativity. In office space shared by several different businesses, rich conversations may be sparked, and valuable ideas maybe developed informally amongst diverse employees. As innovation hubs have already discovered[1], problems may arise when business critical knowledge and ideas are shared without clarity of roles and relationships or comprehensive agreements detailing who will own or be entitled to the revenue from the resulting innovation. Disputes may follow – often after the commercial value of a new development becomes clear, and memories have clouded as to exactly who had which idea.
The economic efficiency of different businesses sharing office space should promote mutually beneficial networking and referrals. But businesses in co-working spaces may need to develop rules for interacting with each other so that they will all be free to collaborate with the knowledge that their rights are protected and clearly identified.
Clarifying contracts
The informality of modern work practices, especially in new office environments, promotes creative working that is focussed on problem-solving and making progress. However, if there is ambiguity about what has been agreed with your collaboration partners, key suppliers or other parties, there may be confusion and disagreement about what, if any, contract has been entered into.
Legally enforceable contracts may be created inadvertently and informally after the exchange of hastily written emails, a verbal agreement or even by the parties’ conduct. All that is needed are the essentials about what has been agreed, evidence that this is intended to be legally binding, and some exchange of promises and obligations. Agreements may not have been recorded in writing as this suggests that one party does not trust the other. However, without a clear record disagreements may follow.
Even though it involves some formality, taking time to agree with your workspace partners what you are doing, who will own what results and how revenue will be shared or distributed may be vital to avoiding future disputes. Ideally, a professionally drafted and comprehensive written agreement will clarify the details for everyone involved and promote the real benefits of collaborative working.
Changing the culture of the office
As the office of the future emerges, all businesses should be careful to adjust work practices and corporate culture so that their important business assets are protected. Collaboration and connection through innovative working options should build trust and mutually beneficial opportunities, but not at the price of contractual certainty or by compromising the outcome of creativity and innovation. By ensuring that relationships are clear and intellectual property protected, businesses will ensure a balance between flexibility, creativity, and future sustainability.
[1] https://www2.deloitte.com/uk/en/blog/real-estate/2023/inside-innovation-hubs.html
PLEASE NOTE: a version of this article first appeared in Engineering Designer April-June 2024
The information provided in this article is provided for general information purposes only, and does not provide definitive advice. It does not amount to legal or other professional advice and so you should not rely on any information contained here as if it were such advice.
Wright Hassall does not accept any responsibility for any loss which may arise from reliance on any information published here. Definitive advice can only be given with full knowledge of all relevant facts. If you need such advice please contact a member of our professional staff.
The information published across our Knowledge Base is correct at the time of going to press.
