Mobile applications and ipr

1. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
MOBILE APPS AND IPR
N.Vignesh Kumaran B.E.
Patents & Designs Department,
Altacit Global

2. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
INTRODUCTION
• A mobile app is a computer program designed to run on mobile devices
such as smartphones and tablet computers. Most such devices are sold
with several apps included as pre-installed software, such as a web
browser, email client, calendar, mapping program, and an app for
buying music or other media or more apps.
• Apps that are not preinstalled are usually available through application
distribution platforms, which began appearing in 2008 and are typically
operated by the owner of the mobile operating system, such as the
Apple App Store, Google Play, Windows Phone Store, and BlackBerry
App World. Some apps are free, while others must be bought.

3. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• There’s an app for everything today and you’ll definitely find one to meet
your requirements. We’re spoilt for choices and that’s exactly the concern
of every mobile application developer. They need to make sure that they
stand out and create an app that is better than the ones that already exis
• So what happens when someone copies a part of the app or clones the
entire app?
• Is it an intellectual property infringement? This brings us to the next
question – can intellectual property rights in mobile applications be
protected?
• Yes, different aspects/features of the mobile app can be protected under
different branches of intellectual property law.
WHY MOBILE APPS NEED TO PROTECTED ?

4. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• To begin with, a name of the app and its logo can be protected under the
trademark law. In addition to protecting one’s own interest, this is with a
view to ensure that no one else uses the same trademark for an app
providing for similar features by making inconsequential additions or
deletions.
• Additions like Pro, +, Plus have become extremely common and tend to
confuse the user in case. More so, if they already have an app installed
with that particular name because they are likely to assume that the one
with a Pro or + suffix is an upgraded version of the existing app. For
instance, if someone creates an app by the name of Whatsapp Pro or
Whatsapp +, the user is likely to associate this with the original
Whatsapp and this might lead to confusion.
TRADEMARK

5. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• There are two aspects of copyrights as far as mobile applications
are concerned – one is copyright on the source code of the
software as a literary work and the other is copyright on the screen
shots of the app as an artistic work, which in effect will protect the
general appearance and layout of the app.
• Copyright protection of this kind is more with a view to ensure that
there is proof of usage from a particular date. In the event that a
developer wants to file a suit for infringement or is sued for
allegedly copying the work on another, a copyright application can
be used as evidence of the date of prior usage of the screen shots,
as the case may be.

6. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• An invention which is a new article, process, method is patentable in
general. Mobile apps would be considered as software patents since
they comprise of a software source code, algorithm, program languages
etc. In some jurisdictions, software inventions are not considered an
invention and therefore will not be protected as a patent. However
there are some jurisdictions which allow software related inventions to
be patented.
• Specific reference to mobile applications, the key concerns would be
the cost and time involved in obtaining a patent because technology in
this field is evolving and the probability of developers creating similar
technology is a more cost effective way is very high.

7. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CASE LAW
Zhizhen Technology Inc. vs. Apple
•In July 2013 Zhizhen Technology Inc. sued Apple over the use of 'Siri' (an
intelligent chatting system installed on many Apple products). A public
hearing was held in Shanghai No. 1 Intermediate People's Court for patent
infringement of the same.
•Zhizhen asserted that Apple infringed the Chinese patent entitled 'A Chatting
Robot System' which was marketed in China as the 'little i robot'. Zhizhen
requested the court to order Apple to stop using, making and selling Siri, as
the Siri's technical solution fell within the scope of the claims of their
Chinese patent.

8. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CONT…
• However, Apple claimed that 'Siri', being a form of intelligent interactive
assistant, is entirely dissimilar to the 'little i robot' which is a robot that
deals with chatting and games. Apple also asserted that the claims of the
Chinese patent in question were not clear as to its protection scope and
hence, Apple filed an invalidation request with the Patent Re-
examination Board (PRB) requesting the board to declare the Chinese
patent in question invalid.
• It was reported that because of the complexity of the case, the
investigation of its facts was not finished and that the Shanghai Court
would hear the case again on another date. Overall, Apple has had to
face 171 cases in five years making them number one target for patent
trolls.

9. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• Mobile applications are part of a fast moving technology, and these
applications can be developed at a very quick pace. Mobile technology
may be constantly changing but protecting these applications remains
very beneficial for the business in the long run.
• In some cases, the mobile application is just a part of the business,
whereas in other cases the business itself is the mobile application (for
example, Viber and Whatsapp). A suitable Intellectual Property
Protection strategy is needed for each app in order to enjoy maximum
benefits from the mobile application without worrying about
competitors who may duplicate the mobile application technology. This
will allow the mobile application developers complete authority over
their IP assets.

10. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com