ARTICLE
8 June 2026

IP Contributor Relationships: Protecting IP In Your Canadian Startup

ML
McKercher LLP

Contributor

McKercher LLP is a full-service law firm with offices in Saskatchewan, Canada with roots tracing back to 1926. With over 70 lawyers and locations in both Saskatoon and Regina, we have played an integral role in Saskatchewan’s most significant commercial projects and have led litigation cases that have shaped Canadian law.
Saskatchewan startups often discover too late that unclear intellectual property ownership can derail fundraising and acquisitions. When founders, contractors, or employees contribute to a company's IP without proper documentation...
Canada Intellectual Property
Joseph A. Gill’s articles from McKercher LLP are most popular:
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IP Chain-of-Title: The Silent Killer of Fundraises and Exits in the Saskatchewan Startup Space

What is the IP chain‑of‑title, and why does it matter to investors?

IP chain‑of‑title risk occurs when a company cannot clearly prove it owns the intellectual property (IP) created by founders, employees, contractors, or partners. These gaps often surface during fundraising or acquisitions and can delay or kill deals entirely.

If the company cannot prove it owns its IP, investors and acquirers do not see a business. They see a risk-shaped hole where value should be.

Why IP ownership is a leverage issue, not just a legal issue

IP is not just “tech.” It is leverage.

But IP is also people: founders, employees, contractors, advisors, partners, sometimes even customers. The relationship risk is simple – people tend to believe they own what they create unless the paperwork says otherwise.

How Saskatchewan startups should manage IP contributors from day one

Step 1 – Own it on paper, not just in your head

The most common early-stage IP failure is chain-of-title gaps:

  • a contractor built core code but never signed an assignment
  • a founder created key IP before the company existed
  • someone contributed under a vague “handshake” agreement

That stuff doesn’t disappear. It shows up later at the worst time.

Step 2 – Build an IP capture habit (daily beats heroic)

Innovation happens in tiny increments:

  • code changes
  • training data tweaks
  • customer feedback turned into features
  • playbooks, workflows, processes
  • domain knowledge and know-how

Track it regularly. Don’t rely on memory or Git history to tell the story later.

Step 3 – Open-source is not “free.” It’s “free with rules.”

Open-source can be powerful, but licenses matter. Some licenses can create commercial friction depending on how software is distributed or integrated.

The practical move is simple: inventory dependencies and know what licenses exist.

Step 4 – Treat data rights like IP

For many modern startups, the most valuable asset is not a patent. It is:

  • unique datasets
  • labeling processes
  • model improvement workflows
  • domain-specific know-how

If the company uses customer data for any purpose beyond service delivery, that must be clearly documented.

What Saskatchewan Startups Can Do in the Next Seven Days

  • Run a chain-of-title audit: list all contributors and confirm that all IP assignments are signed.
  • Create a lightweight invention/IP disclosure form and review it monthly.
  • Inventory open-source dependencies and licenses; flag anything that does not fit the business model.
  • If customer data is used for improvement or training, add a clear written schedule explaining how.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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