Intellectual Property Rights for Mobile Applications

Mobile applications have become an indispensable part of daily life in the digital world. The mobile app economy has grown exponentially, driven by a vast community of software developers.

Intellectual property (IP) mechanisms help mobile application developers and publishers to generate more income from their creations.

This project was launched by the WIPO Committee on Intellectual Property and Development (CDIP) with the goal to improve the understanding of how the use of IP can generate income in the mobile app business and to empower mobile application developers with tools for using IP in their work.
For more information, download the Project's Scoping Study on the Availability and IP Tools for Mobile Applications (PDF), which identifies IP protection mechanisms for mobile apps in three beneficiary countries: Kenya, Trinidad and Tobago, and the Philippines.
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Protecting Your Mobile App - Intellectual Property Solutions

Mobile apps are multilayered products with different features, protected by various intellectual property (IP) rights.

This publication serves as a guide for app developers and publishers to protect their intellectual property legally.

How to Protect a Mobile App's Intellectual Property

Mobile apps are complex products that use various types of IP.
If you are a mobile app developer, use this section to learn why you should consider intellectual property when creating a mobile application, how to protect your mobile app and how to avoid infringement of someone else's IP while creating your application.

IP Toolbox for Mobile App Developers

Download this comprehensive toolbox for practical guidance on how to protect all or part of the IP in a mobile app. The toolbox is structured according to the lifecycle of a mobile application, from using content for the app, developing the app, disseminating the app and enforcing the IP in the app. [PDF]

IP and the Mobile App Lifecycle

Creation of a mobile app is a process that involves multiple steps. From the IP point of view, the three phases of a mobile app lifecycle are:

  • conception (including initiation and design);
  • development;
  • commercialization, monitoring and enforcement.

Use this section to find answers to your IP-related questions at specific stages of mobile apps development.

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IP rights for Mobile Apps Development and Commercialization

The guide explains how IP rights might be used or acquired during each of the mobile app's life-cycle phases. It follows a hypothetical free-to-play gaming app, one of the most popular categories of mobile app. [PDF]

Key Contracts for Mobile Apps

This handbook can help organizations developing mobile apps to negotiate a hassle-free path through the IP and other legal structures. It highlights aspects for consideration while creating contracts, agreements and policies throughout an app’s lifecycle. [PDF]

IP Financing for Mobile Apps

This practical tool is created to provide guidance to mobile app developers and businesses for financing a mobile application. It covers the various IP rights that can be used as a mechanism to secure funding and provides a fundraising checklist for mobile apps. [PDF]

ADR for Mobile App Disputes

This guide provides an overview of Alternative Dispute Resolution (ADR) processes for Mobile Apps disputes. It also addresses the issues relating to the enhanced use of IP in the software sector, focusing on mobile applications. [PDF]

Open Source for Mobile Apps

While freely available, open source software remains subject to licenses and, therefore, conditions that, if breached, could result in developers losing the right to use it. This guide helps app developers to learn how to use open source code for their apps. [PDF]

Data Protection in Mobile Apps

This guide explains app developers their data protection obligations, how to comply with them, and how they may occasionally conflict with their IP rights. [PDF]

Protecting Mobile Apps in Specific Industries

Every mobile app uses some type of IP. However, depending on the functionality and the sector in which the app operates, the intellectual property-related challenges and opportunities for app developers may change. Use this section to learn how intellectual property relates to mobile apps in specific business sectors and answer questions like:

  • What IP rights should be considered when developing a music mobile app?
  • What business models are there for monetizing video games apps?
  • How do reading apps relate to copyright? Etc.
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Mobile Apps in Video Games Industry

This guide offers a practical approach to the study of apps in the video game sector, from commercial and legal points of view, and covers the different types of video games and the new ways they can be monetized. [PDF]

IP for Mobile Apps in Digital Publishing

This tool reviews the landscape of digital publishing and the impact of new technologies on the digital book market. It discusses available solutions for distribution of digital books with the use of mobile applications, and how mobile reading apps relate to IP law. [PDF]

IP and Mobile Apps in Music Industry

This guide focuses the way mobile apps are used in creating music, and the IP aspects of using apps for music creation. IP issues play a massive role in the economics of music creation and drive the sustainability of both the app ecosystem and the music ecosystem. [PDF]

IP tools for mobile app developers

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Intellectual Property Toolbox for Mobile App Developers

This toolbox offers practical guidance to app developers and app developer associations, companies developing mobile applications, research hubs, and others. It presents various tools on how to protect all or part of the IP in a mobile app.
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Tool on Mobile Apps in Digital Publishing

This tool reviews the landscape of digital publishing and the impact of new technologies on the digital book market. It discusses available solutions for distribution of digital books with the use of mobile applications.

IMAGE: GILAXIA / E+

The role of IPR in Mobile Apps’ Development and Commercialization

This module explains how intellectual property rights (IPRs) might be used or acquired during each of the life-cycle phases. It follows a hypothetical free-to-play gaming app, one of the most popular categories of mobile app.

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Handbook on Key Contracts for Mobile Apps

This handbook is a practical tool for app developer organizations. It provides a thorough grounding in IP contract basics that is important to understand before consulting specialised IP professionals.

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Tool on IP Financing for Mobile Apps

This tool addresses the interplay between the typology, existing business models, and IP surrounding mobile apps to guide successful financing strategies. It is targeted at app developers, app developer associations, and companies developing mobile apps.

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WIPO Guide on ADR for Mobile App Disputes

This guide provides an overview of Alternative Dispute Resolution (ADR) processes for Mobile Apps disputes. It also addresses the issues relating to the enhanced use of IP in the software sector, focusing on mobile applications.

IMAGE: ISTOCK / GETTY IMAGES PLUS

Open Source for Mobile Apps

This tool provides a deeper look at open-source software in mobile apps. Companies may share the burden of developing foundational technologies by using open source code, which is freely available for anyone to use, modify or distribute.
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A Guide to Data Protection in Mobile Applications

The intent of this guide is to help app developers and providers understand their data protection obligations, how to comply with them, and how they may occasionally conflict with their IP rights.

Infographics on mobile apps’ intellectual property

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Mobile App Branding

Trademark law helps you protect your business from the competition. Here is how you can plan, register and protect the brand associated with your app in 3 steps. (PDF)

Mobile App Copyright

Copyright Law protects original works of authorship — like mobile apps — by giving creators rights to control online access, reproduction, distribution and adaptations. (PDF)

Learning resources: IP law for App Developers

The five modules below explain how various types of IP interface with the mobile app market and describe the most relevant IP law aspects for app developers and publishers. These modules were developed by Dr. Andres Guadamuz, Senior Lecturer in Intellectual Property Law at the University of Sussex and Editor-in-Chief of the Journal of World Intellectual Property.

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Module 1: Introduction to Intellectual Property

Module 1 provides an introduction to intellectual property law and the framework in which the IP legal principles operate. [PDF] [video] 

Module 1: Introduction to Intellectual Property

Module 1 provides an introduction to intellectual property law and the framework in which the IP legal principles operate. [PDF] [video] 

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Module 2: Copyright

Module 2 introduces copyright protection in detail, exploring concepts such as subject matter, originality, infringement, and defenses. (PDF)

Module 2: Copyright

Module 2 introduces copyright protection in detail, exploring concepts such as subject matter, originality, infringement, and defenses. [PDF] [video] 

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Module 3: Data, Databases and Trade Secrets

Module 3 discusses the relative lack of protection given to data, the lack of international harmonization, and database security. (PDF)

Module 3: Data, Databases and Trade Secrets

Module 3 discusses the relative lack of protection given to data, the lack of international harmonization, and database security. [PDF] [video] 

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Module 4: Trademarks and Designs

Module 4 discusses trademarks and designs, and it will also mention some relevant aspects, such as domain name registration. (PDF)

Module 4: Trademarks and Designs

Module 4 discusses trademarks and designs, and it will also mention some relevant aspects, such as domain name registration. [PDF] [video] 

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Module 5: Enforcement and licensing

The last module looks at more specific questions surrounding the mobile app market, particularly those surrounding enforcement, licensing, and rights management. (PDF)

Module 5: Enforcement and licensing

The last module looks at more specific questions surrounding the mobile app market, particularly those surrounding enforcement, licensing, and rights management. [PDF] [video] 

Events

WIPO Committee on Intellectual Property and Development

The WIPO Committee on Intellectual Property and Development (CDIP) considers the enhanced use of IP by software developers as a topic of particular interest and has launched a specific project to this end.

The project seeks to improve the understanding of the potential of IP for income generation in mobile applications and to empower mobile application developers with tools for using IP in their work.

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WIPO CDIP Forum

Join the WIPO CDIP Forum on IP and Mobile Apps and interact with mobile applications developers and IP experts.

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Scoping Study on the Availability and IP Tools for Mobile Applications

The scoping study identifies IP protection mechanisms for mobile apps in three beneficiary countries: Kenya, Trinidad and Tobago, and the Philippines.