Protecting Intellectual Property Online
Any successful IT or internet project will sooner or later encounter the problem of plagiarism, theft, and in the worst cases, hostile takeover or hacking of electronic assets. Victims of criminals range from complex software platforms to ordinary online shops. The types of crime vary:
• Software code theft by developers
• Domain name hijacking
• Software piracy
• Internet plagiarism
• Trademark infringement
• Patent infringement
Unfortunately, these types of crime are difficult to prevent, so the correct strategy is to focus efforts on preparing evidence for trial. Moreover, a peculiarity of protecting electronic intellectual property is the need for the owner to have statutory documents, since otherwise there is no subject of infringement and it turns out that the thief did not commit a crime by copying the source code that does not belong to anyone.
Intellectual Property on the Internet
Protecting intellectual property online is complicated by the transnational nature of internet crime, as well as the imperfections and differences in legal frameworks across different countries. However, solutions do exist. For example, in the European Union, the protection of intellectual property on the internet can be based on the recommendations of the European Commission, which are uniform for all EU member states and serve as a kind of “supranational law” in transnational legal disputes. In the United States, the legislation is more complex, but it is unified for all states. It is most difficult to operate in the Asian region, but we are ready to protect the interests of our clients there as well.
Objects of intellectual property on the internet, and in the IT field in general, are divided into several types, the protection strategy for each of which differs. The following table provides recommendations for each of them:
| Asset | Strategy |
| Protection of domain names and websites as objects of creative work | Development of a website to order according to technical specifications. Registration of a company with a similar name in the states where protection is carried out by classes of business activities. Obtaining apostilled certificates from registration centres. |
| Protection of technical solutions, formulas, algorithms, design in the IT field | Registration of companies in countries where it is planned to operate. Registration by classes of research activities. Continuous filing of applications for “inventions” simultaneously in several proven patent offices in different countries (the problem of corruption). |
| Protection of logos, trademarks, trade names and other brand elements in the EU, USA and CIS countries | Registration of companies in the states where protection is planned. Registration by classes of business activities with simultaneous registration of trademarks and logos. |
| Creation of licenses (product licensing) for granting rights to conduct business in the EU, USA and CIS countries | A set of measures for registering companies, concluding development agreements to obtain rights, protecting trademarks and product rights. Product certification in government agencies. Preparation of an agency scheme and a license agreement. |
| Copyright protection for software for individuals | Unfortunately, copyright in the IT field is practically inapplicable. It is recommended to create a legal entity. |
| Protection of intellectual property on the Internet for artistic and literary works distributed online | The protection scheme is similar to the protection of software products. |
Intellectual Property on the Internet
Our services:
Dear Sirs, as can be seen from the presented material, intellectual property rights on the Internet can be protected. We are ready to provide you with the following services:
1. Creation of legal entity structures for the development and ownership of rights
2. Incorporation of operating companies to conduct business
3. Registration under the class of business activity in any country
4. Drafting of development agreements, technical specifications, license agreements
5. Registration of trademarks, trade names, logos, brand elements
6. Obtaining licences to conduct business in any country in the world
7. Litigation to protect intellectual property in the EU and the US
8. Consultations with in-house lawyers of our clients
Of course, each case requires an individual strategy. Unfortunately, an ordinary Russian lawyer is not able to solve the problems of intellectual property protection on the Internet, due to its trans-nationality, this requires international level specialists, or companies with experience in this field. We are one such firm. Please contact us.
