There could be various original elements in your mobile app that you can protect through intellectual property laws in Hong Kong. If the intellectual property rights are not properly protected, your work may be copied by others who try to profit from your idea. The infringement acts can damage your brand and your business as a mobile app owner or creator.
Trade Marks
A trade mark identifies a product or service. As a mobile app owner or creator, you should consider applying to register the following as a trade mark of your brand:
1) the name of your app; and
2) your logo or app icon.
By registering a trade mark:
1) you receive exclusive rights to use, license and sell the trade mark;
2) protect your brand as it becomes more popular; and
3) prevent competitors from profiting from your brand and reputation.
Copyright
Copyright protects the expression of ideas and grants the creator of a work the exclusive right to control how others may use or exploit the original work.
Copyright can be existed in the following elements of your mobile app:
1) source code;
2) images used; and
3) layout of the app.
In Hong Kong, copyright is an automatic right entitled to by the creator of the work. There is no registration system for copyright. To be eligible for copyright protection, the work must be original; and you have taken some skill and effort to create it.
Contracts
If various parties have been engaged to help you develop your mobile app, there should be adequate agreements in place to protect your intellectual property rights.
Firstly, you should clearly state the ownership of any intellectual property created by you or third parties for your app in a written agreement before commencing work with someone new. If you fail to do so, a third party may legally own the content they have created. This will affect your ability to commercially exploit the content.
Second, you should ensure that a non-disclosure agreement is signed before you share your trade secrets or confidential information with anyone. This might include:
employees;
independent contractors;
investors; and
prospective retailers.
The agreement is a contractual promise that anyone who receives your confidential information will keep it secret. If they share your information, you can enforce your rights in court for breach of contract and potentially receive compensation for any harm suffered as a result.
For legal advice or services on IP infringement or defence to IP infringement claim, please contact CHOW & CHEUNG [Tel: +852 2856 3799 or Email: cac@ccsn.hk]
www.ccsn.hk
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