Module III·Article V·~2 min read
Intellectual Property in Business
Contract Law
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Objects of Intellectual Property
Intellectual property (IP) refers to the results of creative activity that are granted protection by law. For modern businesses, IP is often more important than physical assets: the Apple brand is worth more than all its factories.
Trademarks
A trademark is a designation that allows goods/services of one manufacturer to be distinguished from another. It is registered with Rospatent, EUIPO (EU), or USPTO (USA). The protection period is 10 years with unlimited renewal.
Important: rights to a trademark have a territorial character. International registration is possible via the Madrid Agreement system (WIPO).
Infringement: the use of a designation confusingly similar for homogeneous goods/services.
Patents
A patent is an exclusive right to an invention, utility model, or industrial design. The invention must be novel, have an inventive step, and be industrially applicable.
Protection term: 20 years for inventions, 10 years for utility models. Territoriality — registration is required in each country (or via the PCT — Patent Cooperation Treaty).
Patent Troll — companies that buy up patents without the intention to produce, exclusively for filing lawsuits. A serious problem for the IT industry.
Copyright
Copyright arises automatically at the moment a work is created — without registration. It protects literary, artistic, musical works, computer programs, and databases.
Work for Hire: the employer is the rights holder of works created by an employee within the scope of employment duties. It is important to stipulate this in the employment contract.
Trade Secret / Know-how
Information possessing commercial value due to its unknown status to third parties, provided that measures are taken for its protection. Protection — through a non-disclosure agreement (NDA), technical protection measures, restricted access.
Trade Secrets vs Patents: know-how does not require disclosure (as a patent does), but also does not grant monopoly — a competitor can arrive at the same knowledge independently.
Practical Assignment
An IT company is developing a SaaS platform. Determine: (1) What IP objects arise in the course of development? (2) Who owns the rights to software developed by freelancers? (3) How to protect the platform's operating algorithm (patent or know-how)? (4) Is trademark registration required for the name and logo?
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