In the modern world of information technology, intellectual property rights (hereinafter referred to as “IPR”) are an extremely important element. In the IT sphere, the protection of intellectual assets is becoming a key success factor for developers, companies and startups. In this memo, we will tell you about the main aspects of intellectual property rights in the IT sphere and how to protect your developments.
1. What is considered intellectual property in IT?
In the IT sphere, intellectual property objects include:
- Software (SW) and source code;
- Databases;
- Algorithms and technical solutions;
- Interface design (UI/UX);
- Names and logos (trademarks) of IT products (games, programs, applications, etc.);
- Content (texts (publications, scripts), images, videos, audio);
- Trade names of companies.
2. Registration of intellectual property rights?
Depending on the object of intellectual property and the type of intellectual property rights, such rights may be formalized in different ways:
- Copyright: automatically arises when an object is created (for example, software or design) and does not require registration (but the author may register his work and the rights to it if he wishes). However, it is important to record authorship and keep evidence of the creation of the work (email, publication, printing, etc.).
- Intellectual property rights: arise when a work is created (code, script, design, etc.) and do not require registration, but their transfer and disposal must be the detailed subject of an agreement between creators, customers, investors and users (depending on the situation, the composition varies).
- Patents: suitable for protecting unique technical solutions and inventions. Patenting requires official registration.
- Trademarks: protect names, logos and brands of IT products. Trademark registration is mandatory (more details at the link).
- Trade secrets and confidential information: partially protected by law, but requires competent protection at the level of contracts (NDA) and internal agreements.
3. Intellectual Property Agreements in the IT Sphere
To avoid disputes and protect your rights, it is important to draw up contracts correctly:
- License agreements: define the terms of use of software or other IP objects. License agreements are concluded both at the stage of developing new products (for use in developing existing products) and at the stage of distributing the created product. There are many types of license agreements and they depend on various factors: term, royalties, territory, etc.
- Agreements on the transfer of intellectual property rights: allow you to transfer the rights to an IP object to another person. Such agreements are concluded with developers, partners, buyers, etc.
- Contract with the author (can be included in an employment contract, a contract for work or another contract) : the author has the right to royalties, so it is important to include relevant provisions in contracts or to conclude a separate contract with the author. This type of contract is also important if there are several authors of one work.
- NDA (Non-Disclosure Agreement): Protects confidential information when collaborating with third parties.
4. What to do in case of rights violation?
In case of violation of intellectual property rights in the IT sphere, it is important:
- Collect evidence (screenshots, documents, testimonies) on the case;
- Obtain a qualified legal assessment of the situation for decision making;
- If necessary, file a lawsuit in court.
5. General recommendations
Each situation requires detailed study by lawyers and an individual approach, so we offer only general recommendations in the field of IP in IT:
- Properly formalize contracts with the team, suppliers and consumers;
- Develop and implement the necessary package of internal policies and rules for the protection of intellectual property rights;
- Register intellectual property rights in the required jurisdictions;
- Conduct training and instruction of personnel;
- Monitor staff compliance with third party intellectual property rights;
- Limit the use of open-source code (if possible);
- Also take technical measures to protect intellectual property rights.
6. Why is it important to cooperate with lawyers?
Zilver lawyers will consult on intellectual property issues and help:
- Register rights to IP objects;
- Draw up contracts and agreements;
- Protect your interests in case of disputes.
Don’t leave your developments unprotected! Contact Zilver and we will provide reliable legal support for your business in the IT sphere.
Need advice? Contact Zilver — we know how to protect your ideas in the digital world!
Zilver is your reliable partner in the world of law and technology!
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