A software is often a series of code that is capable of instructing a computer and it has a final purpose or a task it is designed to achieve. In many ways, if the hardware is the body of the computer, the software is its mind.
Code can be complex. Not all code is built the same and definitely not all of it functions the same. Few tweaks in some and you may build a completely different functionality, while in others the code may completely break down with no way to revive it. These are of course extreme cases. Most companies and/or individual developers today chose to protect their code, or at least they should.
Three types of IP can be used to protect different parts of your code.
Copyright: A copyright subsists on Computer Programmes as a Literary Work according to Section 2(o) of the Copyright Act, 1957. This protects the code as text and its replication and subsequent sale will be illegal. Copyright is easy to apply for, to establish and to be granted. It gives you a prima facie right in the code and hence it will be simple to get an infringer stopped. It is also cost-effective and gives you exclusive right to the property for your life-time + 60 years. The problem with this method is that you have to reveal the code to the registry and the world (and all your programming secrets with it).
Patent: Computer programme is not a patentable matter, per se, but functionality is. Everybody’s favourite - patent protects the technical functionality of the code and not the code itself. This means that no one can replicate your code because what the code does, only you are allowed to monetise it and use it. Patent is easier to maintain and highly flexible, as when you need to update your code and add subsidiary features, the patent continues to protect the underlying functionality However, here too the disadvantage is that your complete code is made visible to the public which may prove to be dangerous and value draining. Additionally patent protection is granted only for a span of 20 years from the date of application and this is required to be renewed every year by paying a renewal fee.
Trade Secret: This is an IP protection unlike all others as it is not defined in any statute. The expertise here lies in smart contracting with your business associates, partners, vendors, employees and others. For a trade secret protection you are not bound to reveal any of your code to the public and can be strictly kept on a need-to-know basis. However, a trade secret protection will not protect you from reverse engineering, which means if somebody can design the same software as yours, you will not be protected. A famous example is Coca-Cola. The company has protected the secret recipe of their drink for decades without revealing it to any one who does not need to know with extremely clever contracts and information management. A real life IP utopia <3
Copyright protects the code itself, patent protects its functionality and trade secret you choose who to reveal your code to, and they become liable for its protection.
How you protect your code depends on many factors, including the market value of your code, industry, functionality, size of your business, your industry interactions, the code in itself and many more. It is important to understand each of the protections and also have a clear view on what your ultimate goal is. Seeing the endless computer programmes that are available for free, you should know if you are aiming to increase reach, promote or monetise or a combination of all three.
Watch out this space for more as we continue our series on protecting computer programmes, and subscribe to our newsletter for more such relevant business insights.
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