Question

Name at least three current intellectual property challenges faced by IT managers, and explain how managers can prepare for, prevent or mitigate the damage done by each. Explain and support your argument with examples.

Answer 1

In the fast-evolving and extremely competitive technology business, software system developers and homeowners ought to exercise robust vigilance to make sure that their creations area unit properly
guarded inside the range of property rights. the protective software system, however, involves advanced, interconnected problems that embrace a combination of copyright, patent, trademark
and trade secrets law.

Intellectual-property challenges faced by IT managers / Organizations

Functions and options of software system: Copyright law doesn't shield concepts regarding functions and options of software, nor will it shield purposeful user interfaces. For this reason, rival firms will develop an equivalent quite software system and can not be thought-about to possess committed violation, ciao because the software system has its own ASCII text file.

Ideas regarding software system functions and options could, however, be protected beneath the law. Currently, the software system isn't patentable in an Asian country, however in some countries, together with the
The United States, it is. The Asian country is also taking possession this direction, as bound hardware or devices programmed with functions that area unit novel and involve an imaginative step would be
deemed patentable beneath Thai law, however this area unit thought-about on an item-by-item basis.
Source code: commonly, once software system has been commercially distributed, the ASCII text file is unbroken confidential and is simply disclosed in necessary cases. If the ASCII text file is unbroken
under applicable security measures, it should be protectable beneath secret law, that imposes serious penalties on those that advisedly disclose, deprive, or use another party's trade secrets while not that party's consent.

Copyright ownership: The copyright of the software system developed by associate worker beneath associate employment agreement is owned by the worker, unless in agreement otherwise in writing. By
contrast, the copyright of the software system developed beneath a specially commissioned contract can belong to the commission party. However, developers for alternative parties and their commissioners could agree that the copyright shall be owned by the developers.

Licence agreements: If a client needs a software system developed to deliver ASCII text file, the parties ought to create it clear whether or not the client needs to possess the ASCII text file or merely customise or update the software system within the future. this can be as a result of a software system sale agreement or associate agreement to assign copyright to the ASCII text file is considerably completely different from a licence agreement.
If the parties conform to a software system licence agreement, beneath that the ASCII text file is needed to be disclosed for the needs of customising or change the software system, the developer could embrace a provision beneath that the client is supposed to stay the ASCII text file confidential. Software licence agreements don't bar copyright homeowners from granting licences to alternative parties.

Exclusive licence: solely the retail merchant has the proper to create use of the software system. The licensor isn't allowed to create use of it, nor grant any extra licences.

Sole licence: solely the retail merchant is allowed to create use of the software system. The Licensor agrees to not grant any extra licences, however, retains the proper to create use of the software system.

Non-exclusive licence: The copyright owner could grant licences to many users at the same time and also the licensor also can create use of the software system. General software system programs
and mobile applications area unit commonly commissioned non-exclusively. Copyright is commissioned to multiple users, unless expressly prohibited, like beneath exclusive or sole licence agreements. If the retail merchant doesn't wish the copyright owner to grant licences to alternative parties, the copyright licence agreement should embrace a clause to the current result.

Registering software system brands or logos as trademarks: Developers ought to produce a name or trademark, for the aim of an internal reference, also as for copyright recordation and licensing. Words or devices used as logos should ultimately describe the character or characteristics of the products or services — otherwise, the trademark can not be registrable. Words or devices used as logos ought to be distinctive and should not be identical or kind of like alternative parties' registered logos.
Granting a software system copyright licence to a far off company doesn't need registration. several software system products, however, bears wide notable logos. Therefore, additionally to a software system copyright licence, a copyright owner could have to be compelled to grant a trademark licence to its client — like a distributor appointed during a foreign country. In such a case, the trademark ought to even be registered in this foreign country.
Final words of advice: product and services with reference to software system amendment speedily, and generally existing protection might not fully cowl all aspects of a replacement, innovative piece of a software system. Therefore, developers, government bodies and lawyers ought to frequently exchange concepts and opinions and keep themselves up-to-date to be ready to cope with new issues effectivel

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