Download - Intellectual Property in Software Applications (Claudia Jelea)

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Intellectual Property in Software Applications

Claudia Jelea – Lawyer & Trademark Attorney

Jlaw.ro / ipboutique.ro

claudiajelea


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Think about your software product as a cake with many layers…

Photo credit: Sarah Jones on Brit + Co.


1st layer - you’ve written the 1st line of code, congrats!

2nd layer - some other great deal of lines of code

3rd layer - some third party or open source code/library

4th layer - some embedded database or any artwork

…

n layer - look & feel interface

n+1 cake layer - name / brand

HOW TO PROTECT IT?


COPYRIGHT

DESIGN

PATENTS

RIGHTS IN DATABASES

TRADEMARK & DOMAIN NAME


COPYRIGHT

Source code Object code

Mobile apps

Enterpriseapps

Operating systems

Preparatory material

Databases

GUI

Games

Manuals

Artwork


Who owns it? Author (programmer)/employer/client

contracts

Protection from date of creation; no legal formality;

Registration with ORDA – under certain conditions;

KEY ISSUES ON COPYRIGHT


Vulnerability – sometimes, not easy to prove in court;

Example1: X writes a software; Y decompiles and re-writes it.→ 2 similar competing software. Both X & Y say he’s the author.

Example2: Game rip-off - expression vs idea

Open source code comes with special licenses; knowtheir terms;

License or assignment contracts (licență sau cesiune)?

KEY ISSUES ON COPYRIGHT (2)


Design protects the exterior aspect NOT the software;

GUI protected by registered design(if legal conditions are met);

Filing for design – before GUI is put on the market;

Counterfeiting a protected GUI – criminal offence;

KEY ISSUES ON DESIGN


Computer programs as such - not inventions(no technical character);

A technical problem has to be solved in a new andnon-obvious manner;

Computer-implemented inventions OK(if legal conditions are met)

EU & US patent systems – still miles away;

KEY ISSUES ON PATENTS


Collection or compilation of data (derivative work);

2 different types of protection:Copyright (if database is original)

Sui-generis rights (protect the contents)

Personal Data

KEY ISSUES ON DATABASES


TM protects a sign NOT a software;

Standard Nice Classes related to software: 9, 42+ others – depending on the activity (35, 37, 38, etc.)

If registered in RO, protection only in RO;

Registration of someone else's TM as a domain nameis often treated as TM infringement;

KEY ISSUES ON TRADEMARKS


Distinct types of IP protection;

Not antagonistic - one protection does not excludethe others;

In all cases (except for copyright and databases),you get protection if you apply for it and follow therelevant legal steps;

KEY TAKEAWAYS


Pay attention to contractual clauses where youlicense or transfer IP in your product – under whichconditions?

Contracts with focus on IP will be the stars whenyou want to sell your software;

Real world laws apply to the digital world as well;

KEY TAKEAWAYS (2)


Q & A

THANK YOU!


E-mail: [email protected]

claudiajelea

Avocatnet.ro/claudiajelea

www.jlaw.ro

www.ipboutique.ro

IPBoutique.Legal

Download - Intellectual Property in Software Applications (Claudia Jelea)

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