Intellectual property is the unique product of creative activity presented to the public. Intellectual property law is a set of rules for original authorship, protection of intangible goods and know-how, patents, licenses, and other forms of utility associated with innovation. Despite its intangible nature, its societal significance and value are enormous. Global trends contribute to developing products and services related to innovation and original creative thinking.
Protecting authors’ rights through copyright law is only one form of intellectual property protection. Not every idea or innovation gives rise to authorship. Only when all the legal characteristics are met can creation be described as a work of authorship and the creator be described as the work’s author. Only pieces of authorship can obtain protection under the copyright regime. Simplistically, a result of authorship is the author’s creative activity, captured and communicated externally. Authorship is the aggregate of personal and proprietary copyright. These are separable planes. The content of personal copyright consists of being identified as the author, the right to decide to communicate the work to the world (publication), and the right to preserve or modify the work of authorship. In simplified terms, economic copyrights represent the financial benefit of authorship. Some ideas and innovations enjoy legal protection only under the copyright law regime. A computer program is protected in a similar way to a literary work.
Complementary forms of protection
Additional standards of protection of the owner of intellectual property rights are fulfilled by patents, utility models, industrial designs, trademarks, designations of origin and geographical indications, domain protection, protection of trade secrets, copyrights, etc… If the author of a technical invention intends to create additional forms of protection (not only under the Copyright Act), he can apply for a patent using an application to the Patent Office. Suppose it is an invention that advances state of the art by the author’s unique creative (inventive) activity and is also industrially exploitable. In that case, the owner obtains the exclusive right to use it by granting a patent. The registered patent right communicates to all persons that future use of the invention is possible only with the owner’s consent unless it falls within the exceptions provided by law. In contrast to the author’s protection under the Copyright Act, supplementary forms of protection only enter into force based on a decision of the competent protection authority. They constitute a defense of the authorized person against unauthorized interference by another person in a defined area.
An example is a purchased personal computer, which may or may not include the following:
- Design protection (product likeness);
- protection of materials and components (registration of chemicals, additives, and composition);
- trademarks (logo and markings);
- logo protection (copyright);
- protection of utility models and individual components (industrially manufactured components);
- patent (if it contains elements of inventive activity)
- protection of parts and components of software protected by a license (payment for the use of an intangible creation);
- protection of parts and components of software under a public license;
- and others.
Original creations can be protected at several levels, depending on the nature and form of the capture of the product. Choosing the means of securing rights through the proper regime is essential. Suppose the owner wants to choose a suitable means of protection. In that case, he determines the means that will sufficiently protect the original creation, in a defined area, in a defined territory, in accordance with rational economic reasoning and his economic possibilities. If the product is viable (focused) in the EU territory, do not seek protection in Nepal. The highest level of security can be achieved through a combination of different protection methods.
The law firm provides legal support in the field of intellectual property law at the outset in the selection of the optimal legal institute, legal protection during their duration, or help in the transfer of rights to third parties, especially then:
- Legal analysis and analysis in the field of intellectual property law;
- Assessment of potential risks and impacts on third-party rights;
- Applications and registration of protection;
- Legal assistance in the development of licensed products;
- Drafting license terms and license agreements;
- Legal protection;
- Contractual protection of non-public information; NDA (non-disclosure agreement) drafting;
- Non-competition agreements;
- Legal advice on dispute resolution and conflict resolution;
- Legal representation in court proceedings.
IT and software law
IT law is an imprint of the digital world in the legal regime. It is a dynamic field subject to turbulent changes, and technological growth and innovation are not always enough for the legislator. Maintaining consistent protection for creators of the software, programs, or other IT elements can be aided by good contractual documentation. Securing the legal regime for computer programs and software is an ongoing process. Software development is accompanied by legal advice on the intended status. Future use and licensing of software depend, among other things, on the use of third-party tools and proprietary materials. To minimize potential future disputes, developers must understand the various stages of development from a legal perspective. This avoids copyright conflicts.
We help IT companies and application developers secure legal protection for creative activities, in particular:
- Modifying and setting up legal relationships in the development, licensing, and distribution of software and other IT products;
- Contracts and contractual documentation;
- Employment contracts, remuneration, and employment documentation;
- Software development contracts; and
- Agile Development Agreement; Agile Development Contract;
- SLA (Service level agreement), contracts for meeting client service requirements;
- Licensing Terms and Conditions, License Agreement;
- Non-Disclosure Agreement (NDA), Non-Competition Agreement;
- Domain Disputes;
- Dispute Resolution Legal Support;
- Legal representation in court proceedings.