SafeguardingtheIntellectualPropertyRightsofbothconsultant.ppt

Safeguarding the Intellectual Property Rights of both consultant client Rachel Burnett, Solicitor Deputy President, BCS THEMES Introduction to IPR Copyright EU database right Confidentiality Patents trade marks INTELLECTUAL PROPERTY RIGHTS Intangible assets Economic value Nationally created laws Ensure: - Legal protection of rights which you own - Legal entitlement to use others’ rights Copyright = one form of IPR - Right to authorise or prohibit copying COPYRIGHT OWNERSHIP 1st owner usually author Employers employees Consultants clients Commissioned work Assignment licensing COPYRIGHT OWNERSHIP An independent consultant retains rights in the software or other copyright material it/he/she develops, unless there is a specific agreement in writing with the client about ownership. “LOOK FEEL” SOFTWARE Non-textual copying = ideas structures Software business logic basic business functions are not protected by copyright EU DATABASE RIGHT Collection of independent works, data or other material arranged systematically, with the components individually accessible Substantial quantitative/qualitative investment in obtaining, verification or presentation of contents EU DATABASE RIGHT “Maker’s” right in EU database Commissioning party may be the “maker”, not the database builder or compiler Creativity threshold for copyright in database Author will own any copyright in database CONFIDENTIAL INFORMATION is like … an ice cube …Give it to the party who undertakes to keep it in a refrigerator and you still have an ice cube … Give it to the party which has no refrigerator or who will not agree to keep it in one and by the time of the trial you just have a pool of water which neither party wants. It is the inherently perishable nature of confidential information which gives rise to unique problems.” Lord Donaldson CONFIDENTIAL INFORMATION AT LAW unequivocally of a secret nature; imparted in confidence; the defendant made unauthorised use of the i