Protection of the idea: typical misconceptions
Dear Habrahabr again discusses whether to protect ideas and how to do it. RMA decided to give the floor to Pavel Shinkarenko, a professional lawyer and teacher of the program in the field of Internet technologies. Under the cut - analysis of several "rakes", which for some reason stumble upon many.
Last time, Pavel spoke about the protection of the existing service or website and how knowledge of legal subtleties helps to increase the price of a project in the eyes of lenders and investors. But before “selling” to investors, you obviously need to implement a project, bring it to a certain stage. Consider a few typical misconceptions that guide people, only starting a startup.
A “simple” idea is by definition not “protectable”. Otherwise, for the whole world there would be only one online store and only one social network. The list of what would exist in one copy, if you could get the rights to the "bare" idea, you can continue for quite a long time. As long as you know only “what” and make plans in your head, there is simply nothing to protect. By the way, nothing to steal. This is the same as trying to recreate a Coca-Cola recipe based on the composition of the product on the label.
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Only confidential information is protected at this stage. By yourselves: if you don’t say anything, no one will know anything. Continue to develop the idea from the state of “what it will be” to the “how it will be” stage. When the mosaic develops into a concept, and you begin to prepare for the development, you can protect the full, detailed terms of reference. With the transition to the development of the project will arise a set of objects of copyright that can be protected according to the accepted norms of Russian and international legislation, and on which you can earn. How - we told earlier.
Send yourself a registered letter with a detailed description of the idea / texts / notes of your own composition and keep it unopened in case of a trial - to present a stamp with the date. Very common advice that well-wishers give authors. And a very popular misconception. No, you can try. Just remember: if a letter is all that you have done to protect a well-developed idea, then this is not serious.
Services for the delivery of registered mail pleasantly set off the prices for the work of patent attorneys. And “Mail of Russia” is pleased with the statistics on which more and more letters reach the addressees. Suppose you happily (and in most cases it should be so) have avoided the loss of your letter by the operator. And now the day has come when you present the entire envelope to the judges, the opponent and his lawyers.
This is where complications can begin. Minutes of the meeting should be kept on the template, but many court employees have a bad habit over time to simplify its filling in its own way. If the opponent’s lawyer proves that the protocol was conducted incorrectly (and if there are violations, it will not be difficult), then a printed registered letter will lose value as evidence. Unfortunately, this is so.
Suppose everything is normal with the protocol. But you are a busy person and could not attend the meeting: as a result, the court decision did not take place. And, if so, then the printed envelope again loses all power.
Prevention is cheaper than treatment. And if you once realized how you can make money on an idea, it is worth spending time and some money to verify your rights. Having rejected a registered letter to oneself for common thinking, you can turn to lawyers. Usually they provide the service of "documenting the time of presentation of the document." Naturally, you should not go to them with one leaflet; and you should not rely on this option as a sufficient and only necessary protection of your rights.
Remember that some objects of the right are better protected additionally. So, the registration of an “industrial design” will be a good solution for protecting the interface and design of your service. It is enough for her to present a graphic image. Especially well this option is suitable if you are doing a service or an application in which there are items that can be earned later and in a different form. Let's say you came up with virtual characters that successfully complement the type of resource, make it unique, attractive and popular. The presence of a patent for an industrial design will allow you to use these characters in the creation of another product (say, toys) without further trouble, in the future. But it is worth keeping in mind that such a document is valid only in the territory of the state that issued it.
The text is based on a lecture by Pavel Shinkarenko for students of the RMA program “Management in the field of Internet technologies”. Pavel runs the law firm Seneschal Neiman and leads the course “Legal Basics of Internet Business” at RMA. Specializes in intellectual property rights and support of the activities of Internet projects, as well as transactions for their sale. He assisted in the market launch and “packaging” of the projects “CompareSam”, “Investkafe”, iMarker, etc.
Last time, Pavel spoke about the protection of the existing service or website and how knowledge of legal subtleties helps to increase the price of a project in the eyes of lenders and investors. But before “selling” to investors, you obviously need to implement a project, bring it to a certain stage. Consider a few typical misconceptions that guide people, only starting a startup.
One by one
A “simple” idea is by definition not “protectable”. Otherwise, for the whole world there would be only one online store and only one social network. The list of what would exist in one copy, if you could get the rights to the "bare" idea, you can continue for quite a long time. As long as you know only “what” and make plans in your head, there is simply nothing to protect. By the way, nothing to steal. This is the same as trying to recreate a Coca-Cola recipe based on the composition of the product on the label.
')
Only confidential information is protected at this stage. By yourselves: if you don’t say anything, no one will know anything. Continue to develop the idea from the state of “what it will be” to the “how it will be” stage. When the mosaic develops into a concept, and you begin to prepare for the development, you can protect the full, detailed terms of reference. With the transition to the development of the project will arise a set of objects of copyright that can be protected according to the accepted norms of Russian and international legislation, and on which you can earn. How - we told earlier.
Miserly pays everyone he has
Send yourself a registered letter with a detailed description of the idea / texts / notes of your own composition and keep it unopened in case of a trial - to present a stamp with the date. Very common advice that well-wishers give authors. And a very popular misconception. No, you can try. Just remember: if a letter is all that you have done to protect a well-developed idea, then this is not serious.
Services for the delivery of registered mail pleasantly set off the prices for the work of patent attorneys. And “Mail of Russia” is pleased with the statistics on which more and more letters reach the addressees. Suppose you happily (and in most cases it should be so) have avoided the loss of your letter by the operator. And now the day has come when you present the entire envelope to the judges, the opponent and his lawyers.
This is where complications can begin. Minutes of the meeting should be kept on the template, but many court employees have a bad habit over time to simplify its filling in its own way. If the opponent’s lawyer proves that the protocol was conducted incorrectly (and if there are violations, it will not be difficult), then a printed registered letter will lose value as evidence. Unfortunately, this is so.
Suppose everything is normal with the protocol. But you are a busy person and could not attend the meeting: as a result, the court decision did not take place. And, if so, then the printed envelope again loses all power.
Some recommendations
Prevention is cheaper than treatment. And if you once realized how you can make money on an idea, it is worth spending time and some money to verify your rights. Having rejected a registered letter to oneself for common thinking, you can turn to lawyers. Usually they provide the service of "documenting the time of presentation of the document." Naturally, you should not go to them with one leaflet; and you should not rely on this option as a sufficient and only necessary protection of your rights.
Remember that some objects of the right are better protected additionally. So, the registration of an “industrial design” will be a good solution for protecting the interface and design of your service. It is enough for her to present a graphic image. Especially well this option is suitable if you are doing a service or an application in which there are items that can be earned later and in a different form. Let's say you came up with virtual characters that successfully complement the type of resource, make it unique, attractive and popular. The presence of a patent for an industrial design will allow you to use these characters in the creation of another product (say, toys) without further trouble, in the future. But it is worth keeping in mind that such a document is valid only in the territory of the state that issued it.
The text is based on a lecture by Pavel Shinkarenko for students of the RMA program “Management in the field of Internet technologies”. Pavel runs the law firm Seneschal Neiman and leads the course “Legal Basics of Internet Business” at RMA. Specializes in intellectual property rights and support of the activities of Internet projects, as well as transactions for their sale. He assisted in the market launch and “packaging” of the projects “CompareSam”, “Investkafe”, iMarker, etc.
Source: https://habr.com/ru/post/113957/
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