Intellectual Property Law in IT: Key Points

Intellectual Property Law in IT

The fast-evolving IT industry demands robust intellectual property (IP) protection. Here are the key legal issues about IP protecton:

1. What is protected?

✅ Software – protected by copyright and, in some cases, patents. ✅ Algorithms & Technologies – implementation can be safeguarded through copyrights or trade secrets. ✅ Databases – protected as copyrighted works or commercial secrets. ✅ Trademarks & Branding – company names, logos, and product names require trademark registration. ✅ UI/UX Design – protected under copyright or industrial design patents.

2. Formalization of IP rights in IT

Copyright – applies to software, databases, and digital content, - appears from the fact of creation. Copyright automatically covers software, databases, and websites as creative works, no registration needed—though optional registration can strengthen claims.

Patents – protect unique technical solutions and innovations, - are subject for registration.

Trademarks – safeguard brand identity and logos, - are subject for registration.

Trade Secrets & NDAs – secure confidential business and technical data, - are subject for agreements, registration etc.

Other intellectual property rights - arise when a work is created (code, script, design, etc.), but their transfer and disposal must be the detailed subject of an agreement.

3. Recommendations

- Authors retain personal rights, while property rights can transfer to employers or clients via contracts. The author's remuneration shall be specified in a separate sentence of the contract.

- Patents and TM shall be registered.

- Take care of the licence agreements for the products your company uses. Consider various factors: duration, royalties, territory, etc.

- Use high standard EULA.

- Prepare the intellectual property transfer agreements carefully.

- Execute the NDA (Non-Disclosure Agreement) with all parties involved. 

- Develop and implement the necessary package of internal policies and rules for the protection of intellectual property rights.

- Provide training and instruction to staff.

- Monitor employee compliance with third party intellectual property rights.

- Take technical measures to protect intellectual property rights. 

- Etc.

Zilver Law Firm provides expert legal services in IP protection for IT companies, helping with copyright registration, patents, trademarks, and contracts to safeguard business interests worldwide.