As a business owner, you may have developed a unique standalone app or a mobile app to accompany your business operations online. Importantly, your terms and conditions outline how your users can use and access your app. This has significant implications for your intellectual property (IP), especially regarding both your own and user-generated content. As a result, you should be taking steps to ensure that you protect your IP and set out your rights from the outset when individuals download and use your app. This article will explain how you can effectively secure your intellectual property rights via your app terms and conditions.
What Intellectual Property Does My App Have?
Your app’s IP may include:
- licensed content;
- open source material; or
- your own original code.
Before drafting your terms and conditions, you should ensure that you have the correct IP licences and assignments. This is especially significant if you have a separate app developer. You should confirm that they have assigned or transferred ownership of the IP and that you have obtained all the appropriate licences concerning content and code.
How Do I Apply for a Trade Mark?
A trade mark is a sign that distinguishes your app from other businesses. It can come in a variety of forms, including:
- business names;
- phrases;
- shapes;
- logos;
- pictures; or
- packaging.
You should consider applying to register your app’s name and logo before notifying users of this trade mark in your terms and conditions. Trade mark registration will strengthen your IP rights and guard against competitors profiting from your brand name and reputation. However, applying to register your trade mark can sometimes be a costly and arduous process. Therefore, it is important to submit your application early and make allowances to address any rejection or opposition to your trademark.
Continue reading this article below the formShould My App Terms and Conditions Have an Intellectual Property Clause?
Your IP and copyright clauses will explicitly define the different types of intellectual property that your app will include. You should also state that the users agree you own this intellectual property. A comprehensively drafted clause will include the obligations imposed on your users in relation to the IP. Before using your app, they should agree not to breach any third-party IP rights.
Why Are Comprehensive Terms and Conditions Important?
Your app terms and conditions will often include an end-user licence, which will address the licence that the user has to use the app. Typically, you will grant them a non-exclusive, non-transferable, revocable licence to use the app for their own non-commercial use. You should also clarify that the app’s IP is being licenced rather than assigned. This ensures that you retain ownership of it.
Your business’ brand represents your values, identity and reputation. Learn how to create a successful brand and protect it.
Key Takeaways
Having a mobile application can be a highly effective way of taking your business to the online space. However, you should ensure that your terms and conditions clearly secure your intellectual property to avoid legal disputes or issues. Some strategies to consider are:
- considering a wide range of potential intellectual property protections;
- applying for a trade mark for your app’s logo and other distinct features;
- including an intellectual property clause in the terms and conditions; and
- ensuring the terms and conditions are comprehensive.
If you would like assistance regarding app terms and conditions, contact our experienced intellectual property lawyers as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.
Frequently Asked Questions
Your app’s IP, including code, design, and content, represents significant investments in time and resources. Protecting IP ensures you control its use and prevent unauthorised copying or distribution.
An intellectual property clause should specify that you own all rights to the app and its content. It should outline user permissions, such as a non-exclusive license for personal use, and prohibit users from infringing on third-party IP rights.
Trade mark registration offers legal protection for your brand identity. It prevents others from using similar marks for similar goods or services, safeguarding your brand’s reputation and market position.
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