Intellectual Property encompasses any creation of the human mind and how such a creation can be legally protected. Some forms of intellectual property include inventions (patents), literary and artistic works, symbols, names, images and design which are used in commercial activities.
Whether you are in the ideation phase or have an operational business, it is advisable to consider an intellectual property strategy. It is best to think long-term to rule out any problems you may encounter during the development of your business.
In short, an intellectual property strategy entails an audit of the intellectual property prior to ownership (be it a trademark, patent, industrial design, copyright or a trade secret). Beyond this, an IP strategy establishes the efficiency of using a certain type of intellectual property, offers advice on the feasibility of measures aimed at maximizing the benefits derived from holding such rights, and more.
Every application is built on source code, and this must be protected in order to avoid any possible copyright infringement. The basic rule regarding source code is that it should not be open source, which would mean that the source code could be redistributed and modified for free. By protecting the source code behind an application, you can be sure that your idea is safe, that no one else uses it to their own commercial advantage. Source code falls into the copyright category and can be protected in Romania through the Romanian Copyright Office (ORDA). Unlike trademarks, copyright is covered by the Berne Convention regardless of the country in which you file for registration so long as that country is a party to the convention.
A website can be protected in two ways. The first way is by registering the internet domain as a word mark, and the second way is by registering the site design as an industrial design.
If you have made a tasty and valuable recipe, it can be protected as intellectual property. Thus, if you do not want the recipe to be made public, it can be registered as a trade secret. If you want the whole world to savour this recipe as much as you do, you can add it to a cookbook and maintain the copyright.
Before going to market, you need to make sure that your brand name is available to be registered. The next step is to decide whether you want to operate on the international market. There are different regulations depending on your territory. Finally, make sure you register the trademark in the combined form (name + logo).
Every application is built on source code, and this must be protected in order avoid any possible copyright infringement. The basic rule regarding source code is that it should not be open source, which would mean that the source code can be redistributed and modified for free. By protecting the source code behind an application, you can be sure that your idea is safe, that no one else uses it for their own commercial advantage. Source code falls into the copyright category. Unlike trademarks, copyright is covered by the Berne Convention regardless of the country in which you file for registration so long as that country is a party to the convention.
The only issue here is that someone can take over the entire source code, modify a few lines and register the new code as their own. This is the only way someone could “steal” source code and implement it using your idea. Remember that simply changing a single line of code is enough for someone else to register an idea which, at first glance, seems new.
Intellectual Property Rights must be clearly delimited and established at the very beginning of the business. Nobody wants an employee to take all the company’s intellectual property rights with them when they leave. An agreement to transfer IP rights to the company is the ideal solution.
There are several ways in which the rights held by a natural or legal person can be transferred. Among the most common situations are the cession (agreement according to which the holder assigns the property rights in exchange for a remuneration) and the license (contract by which only the right to use the creation is disseminated).