Software Development and Intellectual Property Rights

Software Development and Intellectual Property Rights

1. Different intellectual assets are created in the different software development stages. A typical software development process comprises several generic phases: requirements gathering and analysis, design, construction, testing, debugging, and deployment.

   • Classification of properties
     • Preparatory materials
       • Preparatory materials refer to the inputs for software development, including requirement specifications, algorithms, input/output formats, reports, and protocols.
     • Databases
       • Databases comprise client’s business data for software testing, database structure, data contents, and database displays, etc.
     • Derivatives
       • Derivative works are the works based on one or more preexisting software program in which a work may be transformed, adapted, extended or modified to facilitate development of the final product. For example, translating an English version of a work to a Japanese version is counted as making a derivative of the work. The derivative is also a protected intellectual asset.
     • Other works
       • Other works such as logos and images are often produced in software development processes.
     • Software programs
       • Software program category is source code, object code, compilation of programs, screen display, and alpha and beta release documentation which is the final output of the SDO process.
   • Types of IP Rights in SDO
     • Right to use
       • The developed software and source code for a specific purpose after the contract ends, but not modify, reproduce, or sell the software. This right does not allow the party to use the developed software, to sell, or to distribute the software program to the public.
     • Right to redeploy
       • Different from the right to use which grants the right to use the output of the SDO project, the redeployment right allows the rights holder to use the know-how and information gained in the SDO process, and the residual intellectual assets that may not have been clearly specified in SDO contracts.
     • Right to sell
       • The developed software to third parties in certain geographical regions and industries