It is always frustrating to hear from a client seeking advice regarding the patentability of their invention, that they have been disclosing details of their invention to third-parties without having obtained a non-disclosure agreement (“NDA”) or having filed a patent application.
Under copyright laws in the EU, Switzerland, and the UK, the freelancer owns the copyright in the work product they create for you. There is no automatic transfer of ownership to you just because …
If you are operating a business in the European Economic Area (EEA) or if your business is outside the EEA but offers goods or services to customers in the EEA, you are no doubt aware of the General Data Protection Regulation (GDPR).
There are now many on-line platforms like Upwork and Fiverr where you can hire freelancers for a variety of different services. However, in hiring such talent you need to clarify contractually who owns the intellectual property (copyright) in the work product that is created by the freelancer.
As a company or an individual that has developed an innovative product, you need to make sure, at all times, that you protect your rights over the invention. This is particularly important when you need to talk to a third party about scaling up the prototype and using their manufacturing/ industrial expertise to produce and commercialize it.
Vicky Walker, a world-famous French surgeon, came up with an innovative idea but she needs help to produce it. She meets with a third party and discloses her idea as they discuss a potential deal. But wait, did she act wisely?
Santiago collaborates with a network of freelancers from around the world and wants to make sure that his company owns the intellectual property rights in the work product.
The biggest difference between SaaS (Software as a Service) and on-premise is how they are implemented, or in the case of SaaS, how it isn’t implemented. SaaS is accessed via the internet, instead of having it installed and maintained through company hard drives.
One recurring question in the field of patent law is: is my [invention] patentable? There is, unfortunately, no simple, one-size-fits-all answer to this question, because there are many different angles to examine before one can determine whether an invention is patentable.
What are the key things to consider when granting a software licence? Learn from the story of Bernie Amarillo.
Software is protected by copyright as a literary work. Copyright does not require registration as it automatically takes action from the moment of creation.
Generally, copyright gives the software owner the rights to prevent others from:
Bernie receives a test version of a software from a friend, likes the idea and decides to “adapt” it and create his own to then commercialize it. Soon he discovers that it was not wise to do so…
Bernie Amarillo, Swiss entrepreneur, goes to see Elton John at Montreux Jazz, gets inspired, re-brands and discovers the hard way what Copyright means.