Mobile applications and ipr

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Mobile applications and ipr

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Mobile applications and ipr

  1. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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

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