* Electronic copy only (pdf)

Progress from unprotectable idea to protectable entity during development of software: risks for owners and competitors.

Objectives:

• Whether you develop software for sale, or for internal use to secure a competitive advantage in your mainstream business, two threats can affect you as a software developer:
  • Will someone else copy or otherwise improperly exploit your property?
  • Will you be accused of copying or improperly exploiting someone else's property?
• The objective of this paper is to set out ways in which developers can protect themselves against these threats, taking account of the degree of uncertainty which still remains in the law in this area
• In the first case, the aim is to minimise the risk of having material copied and/or confidential information or Trade Secrets misused, and improve the prospects of obtaining redress if infringement is believed to have occurred
• In the second case, the aim is to reduce the risk of unfounded allegations of copying or misuse of confidential information and Trade Secrets, and to improve the prospects of refuting them if they are made
• Many of the measures are equally applicable to either risk

*This Legal Guidance Note is only available as a pdf, which will be sent as an email attachment.