Protecting Intellectual
Property Online
Any successful IT or Internet project sooner or later faces the problem of plagiarism, theft, and in the worst cases, hostile takeover or hacking of electronic assets. Both complex software platforms and ordinary online shops fall victim to criminals. The types of crimes are varied:
• Theft of source code by developers
• Hijacking of domain names along with websites
• Illegal copying of a product
• Plagiarism of materials from websites
• Illegal use of a trademark
• Copying patented business elements
Unfortunately, it is difficult to prevent these types of crimes, so the correct strategy is to focus efforts on preparing an evidence base for the court. Moreover, a feature of the protection of electronic intellectual property is the need for the owner to have title documents, since otherwise there is no subject of violation 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 Online
The protection of intellectual property on the Internet is complicated by the transnational nature of cybercrime, as well as the imperfection and differences in the legal framework in different countries. However, there are solutions. 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 are a kind of “supranational law” in transnational judicial conflicts. In the United States, the legislation is more complex, but it is unified for all states. The most difficult thing is to act in the Asian region, however, we are ready to protect the interests of our clients there as well.
Intellectual property objects on the Internet, and indeed in the IT field in general, are divided into several types, the protection strategy for each of which is different. 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 turnkey website 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 carry out activities. 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, names and other brand elements in the EU, USA and CIS countries | Registration of companies in the states in which it is planned to carry out protection. Registration by classes of business activities with the simultaneous registration of trademarks and logos. |
| Creation of licences (product licensing) to grant rights to conduct business in the EU, USA and CIS countries | A set of measures for registering companies, concluding development contracts to obtain rights, protecting trademarks and product rights. Certification of the product in government agencies. Preparation of an agency agreement and a licence 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 on the network | The protection scheme is similar to the protection of software products. |
Intellectual Property Online
Our Services:
Dear Sirs, as can be seen from the presented material, the right to intellectual property on the Internet can be protected. We are ready to provide you with the following services:
1. Creation of structures of legal entities for the development and ownership of rights
2. Opening of operating companies to conduct business
3. Registration by classes of business activities in any country
4. Drafting development contracts, technical specifications, licence agreements
5. Registration of trademarks, 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 USA
8. Consultations of staff 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 protecting intellectual property on the Internet, due to its transnational nature, this requires international-level specialists, or companies with experience in this field. We are one such firm. Please contact us.
