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Key issues in licensing IP on Software: Matching Business Models to Business Strategies

Andres Guadamuz

Updated May 2, 2013

Transcript

Moral of the story?

Key issues in licensing IP on Software

Dr Andres Guadamuz

What is software?

IP checklist

How is your competition protecting their product?
What is the labour market like?
NDAs are your friend
Will you be selling your product abroad?
If so, have you thought of types of protection that might not exist in your jurisdiction?

End-user licensing

Developer licensing

Incoming and outgoing licensing agreements between developers.
These tend to involve not only IP.
Licensing is preferred solution between developers.
"currency of innovation"

Proprietary software licenses typically restrict the licensee’s right to copy, redistribute, or modify the software and normally do not grant access to the software’s source code. These restrictions help to protect the developer’s investment in the software by preventing third parties from exploiting the software’s economic value without the developer’s authorization.
This approach is reflective of the fact that proprietary software developers typically generate revenue and fund future R&D by exploiting the economic value of their software (specifically, the intellectual property (IP) embodied in the software) in the marketplace.

Intro

IP Challenges

Type of protection
Target audience
Licensing strategies
Open source or proprietary?
Hybrid systems
Patents

Types of IP Protection

Copyright protection
limited to copying of “expression”
doesn't prevent others from independently developing same ideas
primarily a tool to prevent “piracy”
doesn't prevent “cloning” or duplication of features
Trade Secret
broad protection
doesn't prevent others from independently developing same ideas
Trademark
icons, logos and stylistic elements;
User Interface

In some jurisdictions...

A story

EU sui generis database rights
Right that stops the extraction or re-utilisation all or a substantial part of the contents of the database
doesn't protect the database itself
Patents (USA, Japan, others)
broad protection for a range of implementations of an innovation
“software” patents vs. other patents

2010

2013

2011

2012

2002

Thanks!

anduril13@gmail.com

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