In the rapidly-developing area of the mobile world, data security and privacy issues must be a key consideration for any business. We are at the forefront of security and privacy developments to ensure that our clients constantly adapt their business and technology to comply with developments in the law and ensure a reputation of excellence in data security and privacy.

Most major countries have regulations concerning privacy policies and/or terms of use. Because many of these laws merely require the existence of a policy, rather than dictate specific requirements on privacy, many mobile tech developers use form policies and give little thought to adhering to their contents. Companies can become their own worst enemy when they are found in violation of their own policy. We counsel our clients in developing and maintaining accurate terms of use and privacy policies that comply with the requisite laws throughout the world. Additionally, we ensure that our clients understand how to effectively implement a privacy strategy in accordance with their own policies.

Protecting confidential information is an integral aspect of mobile technology development, as well as business development. From beta testing to seeking investment, technology companies must ensure that confidentiality procedures are in place and are followed as not doing so could allow unpatented ideas to be disseminated to unrelated third parties or preclude the ability to obtain patent protection. We advise clients about the proper procedures and documentation that will ensure protection of proprietary information. Our vast understanding of foreign law allows us to identify the various confidentiality issues that will affect their rights throughout the world.

Software developers and their clients often leap into development projects without clear agreements in place, but in doing so, they unwittingly lay the groundwork for future confusion and conflict over who owns what intellectual property rights in the resulting software. Based on our extensive knowledge in global IP regimes, we understand that development projects should be fruitful for both parties and equip clients with agreements that allow both sides to negotiate terms that avoid subsequent conflict. We represent clients in disputes over IP ownership and fight to ensure that their rights are protected.

Licensing of open source software differs in many important ways from licensing of proprietary software. Some agreements require the developer of modified source code created under the license to publicly release the modified version, while others allow the developer to retain some propriety. There are (often complicated) methods for developers to interface open source code without requiring complete disclosure. We shepherd developers through determining whether to utilize open source code and their rights and obligations if they do so. We also advise corporate clients to ensure that they will not invest time and resources in a project only to later discover, for example, that a developer’s use of open source software requires undesirable disclosure of their proprietary code.

Often overlooked as a protectable IP right, the design and aesthetic features of a mobile device, accessory, or app can be valuable and may frequently be protectable via various IP regimes. Our expertise in global IP allows us to identify the forms of protection available throughout the world and the most efficient and effective means of protecting these rights through design patents, registered and unregistered designs, utility patents, trademarks, registered trade dress, and copyrights. We work with clients to determine the best way to ensure that innovation is protected efficiently and effectively.

Various countries or regions take different approaches to protection and enforcement of software patents. The law regarding patent-eligibility for software and business method inventions in the United States, for example, has been evolving unevenly in recent years. While software inventions and business methods in the United States are certainly patentable, various court decisions have changed the relevant eligibility tests that are applied. This means that in drafting and filing patent applications in this area it is critical to understand how best to describe and claim the subject matter at hand. It is also of course important to have expertise in these areas when rendering freedom-to-operate opinions, performing infringement analysis, or advising on and litigating various disputes that arise over software inventions that are patented. Ladas & Parry prides itself on its ability to counsel its clients as to patent protection and enforcement of software-related inventions around the world.

Mobile technology companies may wish to explore the option of reserving their trademarks and other keywords on new generic Top Level Domains (gTLDs) that relate to the mobile market, such as .app, .mobile, .apple, .android, or to related industries, such as .game, .art, .beauty, etc., where permissible.  Our vast experience handling domain name conflicts through negotiation, dispute resolution, and litigation throughout the world enables us to support mobile technology companies by protecting their rights in the digital world.