You may often hear people talking about intellectual property. But have you ever wondered what does it really mean for those software applications you develop either for your employer, for that overseas client or for your own IT start-up? Do you know how to protect it or how to effectively exploit it? Think about a software application as a cake with many layers - the first one being the code (copyrighted or open source). Have you considered the legal implications of mixing "closed source" with open source? The presentation covers the basics of intellectual property tailored to the software industry and offers practical insight.

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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.

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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?

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COPYRIGHT
DESIGN
PATENTS
RIGHTS IN DATABASES
TRADEMARK & DOMAIN NAME

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COPYRIGHT
Source code Object code
Mobile apps
Enterprise
apps
Operating
systems
Preparatory
material
Databases
GUI
Games
Manuals
Artwork

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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

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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; know
their terms;
License or assignment contracts (licență sau cesiune)?
KEY ISSUES ON COPYRIGHT (2)

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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

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Computer programs as such - not inventions
(no technical character);
A technical problem has to be solved in a new and
non-obvious manner;
Computer-implemented inventions OK
(if legal conditions are met)
EU & US patent systems – still miles away;
KEY ISSUES ON PATENTS

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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

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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 name
is often treated as TM infringement;
KEY ISSUES ON TRADEMARKS

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 Distinct types of IP protection;
 Not antagonistic - one protection does not exclude
the others;
 In all cases (except for copyright and databases),
you get protection if you apply for it and follow the
relevant legal steps;
KEY TAKEAWAYS

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 Pay attention to contractual clauses where you
license or transfer IP in your product – under which
conditions?
 Contracts with focus on IP will be the stars when
you want to sell your software;
 Real world laws apply to the digital world as well;
KEY TAKEAWAYS (2)

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Q & A
THANK YOU!

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E-mail: claudia.jelea@jlaw.ro
claudiajelea
Avocatnet.ro/claudiajelea
www.jlaw.ro
www.ipboutique.ro
IPBoutique.Legal