Intellectual Property and Trademarking
Discussion
Our company has been working with a small IT consultancy to produce a new system for us.
I have devled a little deeper and found that we currently do not have a signed contract with this company and I was wondering were we stand in terms of the intellectual property concerning the system development.
We have used some of their basic software components and then customised some other parts.
I have no problem with their IT components but we supplied all the ideas behind the customisation. So do we own it or is it now shared as no contract has been signed, or do they own it?
Secondly anyone know any good tradmarking consultants who can sort out a trademark for me?
Many thanks
I have devled a little deeper and found that we currently do not have a signed contract with this company and I was wondering were we stand in terms of the intellectual property concerning the system development.
We have used some of their basic software components and then customised some other parts.
I have no problem with their IT components but we supplied all the ideas behind the customisation. So do we own it or is it now shared as no contract has been signed, or do they own it?
Secondly anyone know any good tradmarking consultants who can sort out a trademark for me?
Many thanks
Some info I have gleaned over the years developing systems.
Software is covered by copyright laws. This means that the copyright to the system comes into being when the system is written / created.
Copyright is also explicit, this means that the copyright remains with the creator of the copyrighted material unless they explicitly sign it over in a contract or other form of agreement.
I am not entirely sure where you stand on the argument about providing the ideas for the customisation of the software but I would imagine that as you have no contract the copyright remains with the creators of the system.
I your case I would expect that you have a global licence to use the software on multiple sites as you have paid for the software.
Sorry if this is not what you want to hear but I have been caught out on this issue too.
When getting bespoke software developed ALWAYS have a contract and ensure that the copyright to the software is assigned to you.
More info available at WIPO
Regards
Software is covered by copyright laws. This means that the copyright to the system comes into being when the system is written / created.
Copyright is also explicit, this means that the copyright remains with the creator of the copyrighted material unless they explicitly sign it over in a contract or other form of agreement.
I am not entirely sure where you stand on the argument about providing the ideas for the customisation of the software but I would imagine that as you have no contract the copyright remains with the creators of the system.
I your case I would expect that you have a global licence to use the software on multiple sites as you have paid for the software.
Sorry if this is not what you want to hear but I have been caught out on this issue too.
When getting bespoke software developed ALWAYS have a contract and ensure that the copyright to the software is assigned to you.
More info available at WIPO
Regards
skittle said:
Secondly anyone know any good tradmarking consultants who can sort out a trademark for me?
Many thanks
Yup- www.brandguardians.com/
edited to add:
& ask for Pauline....
>> Edited by Pistonfest on Monday 21st June 12:27
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