De Jure Mobile Applications and intellectual property law:

A mobile application is a software program for a mobile operating system (e.g., iOS) that is meant to run on smartphones (e.g., iPhone) and is available through application distribution platforms (e.g., Apple App Store) that are normally run by the mobile operating system’s owners (e.g., iOS for iPhone). Developers produce mobile applications with unique resolution, design, size, technology, and user interface for each smart phone. Financially successful mobile applications and software, including computer programs. In a colloquial manner, this article expedites the multitudes of challenges encountered by mobile developers and young entrepreneurs while also propagating many legitimate protections offered under intellectual property law.

Before releasing an application, a developer can seek legal action under the Copyright Act of 1957, the Trademarks Act of 1999, and the Patent Act of 1970 to maximize earnings. The Copyright Act of 1957 provides for the protection of original work for applications, which comprises text, source code, and visual elements, and is thus protected as literary work. The Author is granted a slew of rights under the Copyright Act of 1957, including the ability to replicate, distribute, and exhibit such original work.

For the use and development of mobile applications, many authors rely on open-source code. The open-source code is governed by a license agreement that provides copyright protection in the name of the source code supplier while also allowing developers to use, modify, and distribute the final product. Such applications are not considered original work and so are not eligible for registration. Instead, with the distribution of a new product, the developer must provide public access to the open-source code as well as a copy of the open-source license agreement. Any breach or infringement of the source code license will result in the program being withdrawn from the distribution Platform immediately, and the developer will be held accountable for legal action.

A person can sell the same thing under a different brand, diluting the prototype product that has been developed. As a result, a trademark can safeguard the application’s identity as well as its good-will reputation. Furthermore, a registered trademark owner can file a legal action and seek monetary damages in the event of infringement or counterfeiting. The Trademarks Act of 1999 aims to distinguish the application’s logo and icon from the logo and symbol of a competitor company, preventing confusion about the source in the digital market.

A beneficial novel product or procedure is also protected under the Patent Act of 1970. Computer programs cannot be patented in and of themselves unless they are an inherent part of a creative invention and do not fall within the non-patentable substance definitions set out in sections 3 and 4 of the Act. The most important need for a patent is novelty without sacrificing the scope of the invention.

Conclusion

Potential developers have produced a variety of lucrative applications and software ideal for consumers for a convenient lifestyle since the introduction of the Mobile Commerce (M-Commerce) Industry. The value of such a product or process has been tarnished due to a lack of legal enforcement, which has resulted in financial success for mobile application developers.

Innovators have a variety of outlets to display their ethereal creations in a tangible medium thanks to mobile applications.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at secondinnings.hr@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

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