Protection of Rights to Computer Programs and IT Products

VINCO’S Legal Company provides comprehensive legal protection to developers, IT companies, startups, owners of SaaS platforms, mobile applications, websites, databases, software code and other digital products.

Protection of rights to computer programs and IT products is needed when software code, product architecture, a database, user interface design, technical documentation, a website, mobile application or other digital asset is used without permission, copied, transferred to third parties or becomes the subject of a dispute between a customer, contractor, partner or employee.

Such disputes require not only legal assessment, but also understanding of the IT product specifics: access to repositories, development history, technical specifications, acceptance acts, contracts, licenses, NDAs, correspondence, commits, releases, domains, hosting, cloud infrastructure and other evidence.

A lawyer’s assistance is useful not only when the dispute has already reached court. In many cases, a timely legal position helps preserve control over the product, stop unlawful use of code, properly formalize transfer of economic rights, resolve a dispute with a developer or customer and prepare evidence for further protection.

• a contractor, developer, employee or former partner claims rights to software code or an IT product;
• a customer uses software, a website, mobile application or platform without payment or without proper transfer of rights;
• a competitor, former partner or another person copied code, interface, website, database or another product element;
• there is a dispute over ownership of economic rights to software, a SaaS product, mobile application, website or database;
• a developer refuses to transfer source code, accesses, technical documentation, repository or accounts;
• an IT product is used in breach of license terms or an agreement;
• an unlawful copy of a product must be removed from a website, marketplace, repository, App Store, Google Play or another platform;
• it is necessary to prepare a claim letter, attorney request, platform complaint or court claim.

Protection of rights to computer programs and IT products includes legal support in situations where the owner or rights holder of a digital product needs to confirm ownership of rights, stop unlawful use, regain control over assets, remove a product copy, recover compensation or resolve a dispute with a counterparty.

VINCO’S analyzes the legal status of the product, history of its creation, agreements with developers, employees, contractors and customers, technical specifications, acceptance acts, correspondence, accesses, repositories, releases, license terms and other materials. After that, a legal position is prepared: a claim letter, attorney request, platform complaint, negotiation strategy or court claim.

• protection of rights to software code, computer programs, mobile applications and SaaS platforms;
• protection of rights to websites, web services, databases, APIs, technical documentation and digital content;
• support in disputes between a customer and contractor regarding ownership of economic rights;
• protection of IT companies in disputes with developers, employees, freelancers and contractors;
• termination of unlawful copying or use of software;
• protection against unfair use of an IT product by former partners or competitors;
• recovery of source code, accesses, repositories, documentation and other digital assets;
• preparation of claim letters, demands, attorney requests and platform complaints;
• support during negotiations on transfer of rights, licensing or termination of infringement;
• court representation in disputes concerning rights to software and IT products.

In many IT disputes, effective pre-court resolution helps stop the infringement faster and avoid lengthy court proceedings. For this purpose, it is necessary to properly document the infringement, confirm that the rights belong to the client, identify the infringer and prepare a legally substantiated claim.

A claim may include demands to stop using the software product, transfer source code and accesses, remove an unlawful copy, stop publication or sale of the product, enter into an agreement on transfer of rights, pay compensation or reimburse damages.

If the infringer refuses to voluntarily stop unlawful use of an IT product or the parties cannot resolve ownership of economic rights, court proceedings may be an effective remedy.

In court, it is important to prove creation of the software product, ownership of rights by the client, unlawful use, scope of use, breach of contract and consequences for the rights holder. Court protection may include demands to stop the infringement, prohibit use of the product, transfer accesses, recover compensation or damages, and apply other remedies to restore the violated right.

A separate area concerns control over digital assets: source code, repositories, hosting, domains, cloud infrastructure, developer accounts, analytics services, payment accounts, App Store, Google Play and other platforms.

In such situations it is important to quickly determine who has actual control over the assets, on what legal basis this control was obtained, whether the agreement provides for transfer of accesses, whether there is a risk of deletion or blocking of the product and what actions are needed to regain control.

Most IT product disputes arise due to missing or improperly drafted agreements with developers, freelancers, employees, contractors, customers or partners. Payment for development does not always mean proper transfer of economic rights.

VINCO’S checks whether economic rights were transferred, what exact scope of rights was transferred, and whether the agreement covers source code, design, database, documentation, modules, updates, derivative versions, territory, term, methods of use and the right to further transfer or license the product.

Proper fixation of evidence is key to protecting rights to software and IT products. In digital disputes, the infringer may quickly change code, remove a page, close access, move a repository or change the public version of the product.

• agreements, acceptance acts, technical specifications, correspondence and documents related to product development;
• source code, repositories, commit history, releases, technical files and metadata;
• screenshots of websites, applications, marketplaces, advertisements, App Store or Google Play pages;
• comparison of code, interface, functional modules, database or product structure;
• evidence of first creation, publication or commercial use of the product by the client;
• evidence of transfer or non-transfer of economic rights, accesses, documentation and source materials;
• invoices, payments, analytics, user statistics, sales data or other information on the commercial effect of the infringement.

1. Initial consultation and identification of the dispute concerning software or an IT product.
2. Analysis of the product, title documents, agreements, technical materials and accesses.
3. Establishing ownership of economic rights to code, website, application, database, design or another digital asset.
4. Fixation of evidence: online pages, repositories, screenshots, commits, files, correspondence and documents.
5. Selection of an effective remedy: claim letter, negotiations, attorney request, platform complaint or court claim.
6. Preparation of claim letters, demands, complaints, requests or procedural documents.
7. Communication with the infringer, counterparty, platform, hosting provider or domain name registrar.
8. Support in negotiations on transfer of rights, return of accesses, licensing or termination of infringement.
9. Preparation and filing of a court claim where necessary.
10. Court representation and support of enforcement or practical return of control over the product.

• description of the IT product: computer program, mobile application, SaaS platform, website, database, module, API or other digital asset;
• agreements with developers, employees, contractors, freelancers, customers or partners;
• technical specifications, acceptance acts, invoices, correspondence and other documents related to product creation;
• evidence of product creation: source code, repositories, commit history, releases, technical files and metadata;
• evidence of unlawful use or copying: links, screenshots, files and comparative materials;
• information about the infringer: name, website, account, store, contact details, requisites or other data;
• data on accesses to domains, hosting, repositories, cloud services, App Store, Google Play or other platforms;
• information on damages, loss of customers, commercial risks, product blocking or other consequences of the infringement;
• a factual timeline with dates, persons, roles, development stages and previous communications.

• improper fixation of digital evidence may complicate further court protection;
• without contract analysis it is difficult to determine who owns economic rights to the product;
• oral arrangements with developers or partners often do not prove transfer of rights;
• delay may lead to loss of accesses, deletion of a repository or change of evidence;
• an incorrect request to a platform, hosting provider or marketplace may not produce a result;
• unsubstantiated demands may weaken the client’s negotiation position;
• without technical and legal analysis, it is difficult to distinguish infringement from lawful use of ideas, functionality or general solutions.

VINCO’S helps owners of IT products, developers, startups and technology companies protect rights to software, source code, websites, applications, databases, SaaS platforms and other digital assets.

The goal is not only to prepare documents, but also to achieve a practical result: stop unlawful use of the product, regain control over accesses, confirm ownership of economic rights, remove infringements from online resources, obtain compensation and minimize commercial risks for the client.