The smartphone is becoming our necessity as they can do our work a lot faster. We can play games or use any applications on our Mobile phones. Now a day, we can observe that there are many Mobile Application available for booking hotels, movies, and bus, etc. even there is en number of mobile application is available which are copied. Some so many developers introduce their Mobile application and make an update on a regular basis. These developers face a lot of risk in preventing its application to be copied so for a developer it is pertinent to secure their Mobile Application.
Why Secure Your Mobile Application?
Security is important for a Mobile Application Developer because anyone can copy your product or anyone can steal your codes and start to make their app with your contents. So when you start thinking about making a mobile app, you should also start thinking about securing your app.
Nowadays you can easily get copyright, patent, and trademark on your product. After getting Trademark and patent, you will be entitled to legal protection, and in case of infringement of your right, you can sue them for compensation. It is essential because it gives you a unique identity and helps you build your goodwill. Now day’s Brand name and logo make an impact on the people, so it is essential to have a good brand name and a good logo for it and also protection is required for the same.
How To Secure Your Mobile Application
You can secure you Mobile application with the Intellectual rights. There are intellectual rights applicable to your advanced mobile application. You can obtain your Mobile Application with its Logo Registration . Further, you can patent your Mobile application and also you can get your copyright on your Product. Trademark is also available for Logo registration. All these Intellectual rights give you exclusive rights and exclude others for using it without your permission. We will discuss the intellectual property rights you can obtain to secure your mobile application.
Trademark is a symbol, word, or words legally registered or established by use as representing a company or product. You can secure your Mobile Application by brand registration and Logo registration. It is required so no one can use your Brand Name. In simple words, Brand Registration means you are registering a name and logo for your mobile Application. Brand Name is a valuable asset for products. You can also register your Logo. Logo registration can make you the owner of that logo, and it gives you a unique identification. Generally, the developer can register its mobile application under Class 42 of the trademark, however, depending on the work it might also fall under Class 9. Registering a Trademark will secure the application name, the appearance of its icons and presentation of its user interface. The process of Brand or Logo Registration is straightforward. Fee for physical filling for individual/ start-up/ small enterprise is Rs. 5000 and the other is 10,000. Fee for e-filling for individual/ start-up/ small enterprise is 4500 and in all other cases is 9000. You have to follow the following steps:
- Trademark search to see whether there is any similar or same trademark
- Fill up the Registration form
- Select the class
- File application i.e TM-A available at The Trade Marks Act, 1999
- The Trademark authority will do trademark examination
- Grant of trademark
The patent is securing rights for intellectual property. In simple words, the license is a set of exclusive right giving by the government to the inventor. It gives you exclusive right on it. Making a mobile application is also an invention. So getting a patent on your application is so that others cannot use for copying it. It must be novel, i.e., new. The fee for e-filing a patent application is 1600 for a Natural person or start-up, Rs 4000 for a small entity, Rs 8000 for others and for physical filling it is Rs. 1750 for a Natural person or startup, Rs 4400for small entity and Rs 8800 for other.
- you have to file a Provisional patent application, i.e., Form 1 available at http://www.ipindia.nic.in/writereaddata/Portal/IPOFormUpload/1_12_1/form-1.pdf
- This will require details of your app.
- It allows you to secure a filing date for a patent.
- After this, you have to file a regular patent within a year.
- Your application includes abstract, drawings, specification and claim of application.
When it comes to securing your application, Copyright gives you the exclusive right to use it. It protects the creator. Copyright allows protection for creators of original work of authorship for literary and artistic work. Computer codes and presentation of application considered as literary work and creative work. The interface of mobile application also recognized as an artistic work. After getting a copyright on your Mobile application if someone is copying it then you can sue them and ask for remedies. Remedies include injunctions, damages, and account of profits. The fee for registering a copyright is Rs 500.
- The application can be made for obtaining a copyright on your product. The form is available at http://copyright.gov.in/frmformsDownload.aspx
- After the filing of the application Diary no. will be issued to you.
- Then you have to wait for 30 days. This period called no objection period.
- When there is no objection made then your application will be examined by the examiner.
- After the successful filing. You may be approved for your copyright.
Conclusion For How To Secure A Mobile App:
For securing a Mobile application, you need to register your Brand Name and Your Logo. You have to get a copyright, patent, the trademark on your products. So no one can misuse it. As the process mentioned above is simple. And remedies are available if there is any infringement of your rights.