Juggling a Side Hustle and a Full-Time Job Without Losing Your IP

Having a side hustle while working full time is more common than ever. Whether you are freelancing, building an app, or developing a product idea, it can be a great way to explore your interests and potentially create something valuable. But if your side project is even loosely connected to your day job, there are a few important things to think about. Intellectual property is one of them.

Many employment contracts in South Africa include clauses that deal with who owns what you create while you are employed. These clauses often cover more than just what you do during office hours. They can extend to anything developed using company knowledge, tools, or even experience gained through your role. So even if you work on your project in the evenings or on weekends, your employer could still have a claim if the work is related to your job.

The first thing you should do is read your employment contract carefully. Pay attention to any wording around inventions or creative work. If the contract says your employer owns anything created while you are employed, and your side hustle overlaps with your job, you might need to have a conversation before things move forward.

If you believe your side project is separate, it is still worth being cautious. Make sure you use your own devices, your own software, and your personal storage. Do not use work time or company resources. Keep records that show when and how you developed your idea. Being able to demonstrate that it was built independently can help protect you later.

Try to maintain a clear line between your job and your side hustle. Avoid discussing your project at work or involving colleagues. If you plan to take your idea to market or seek investment, this separation becomes even more important. It shows that you have acted in good faith and taken steps to protect both your employer and yourself.

It is also smart to think about registering your IP if your idea is something worth protecting. Whether it is a design, a brand, or software, make sure you understand what rights you have and what steps you need to take to secure them. Just because you created something does not automatically mean you own it.

Managing a side hustle while working full time is entirely possible. But when your ideas start to look a bit like your day job, it is worth slowing down and making sure you are on solid ground. A few small steps now can save you from a much bigger issue later.

The StartUp Legal offers expert legal services tailored for SMEs, helping you secure a winning edge. For personalized support, book a complimentary consultation: https://calendar.app.google/nw7y8uhXBuXcWSuaA or email us at hello@thestartuplegal.co.za.