Intellectual Property
Protection and contractual structuring of trademarks, software and other intangible assets.
Protecting the assets of a technology company starts with identifying what is protected, who holds the rights and which instruments are needed. Trademarks, computer programs, trade secrets and other intangibles are subject to distinct regimes. Registering a trademark does not automatically protect the entire software or business model. Ownership may also depend on contracts with employees, developers and suppliers, in addition to the legal rules applicable to the creation.
The advisory work involves organizing the chain of rights, development, licensing and assignment agreements, and analyzing protective measures. It is important to distinguish the right to use a solution from acquiring its ownership or access to the source code. Third-party components and open-source licenses may impose relevant conditions on exploiting the product. In investments and acquisitions, examining these elements helps identify dependencies and restrictions that affect the continuity of the business and the value of the assets being negotiated.
Our work
- Development, licensing and assignment agreements
- Analysis of ownership of software and intangible assets
- Legal strategy for protecting trademarks and trade secrets
Does paying for development always transfer all rights to the software?
Not automatically in every situation. The legislation and the contract must be examined, including scope, ownership, third-party components and rights of use and modification.
Editorial review: