Software Development and
Intellectual Property Rights
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