Three Issues Cloud Computing Faces while Protecting IP

Copyright is different from patent and trademark protection. The Berne Convention for the Protection of Literary and Artistic Works offers protection for copyrighted works in all its member countries.

Fremont, CA: Cloud computing has introduced significant benefits in businesses. However, it has also brought about specific issues. Here are three considerable cloud computing challenges in protecting IP:

Patent Infringement

Cloud computing includes various parties with different servers located in many jurisdictions, and questions if a territorial right has been infringed as well as who can be said to have violated that right becomes complicated.

To infringe a patent, it needs to include all the essential aspects of the patent invention. The inventor may find recourse if only half of these elements are said to be located in the county where the invention has patent protection. Also, the issue of jurisdiction remains even if an infringement claim can be made out.

Copyright Infringement

Copyright is different from patent and trademark protection. The Berne Convention for the Protection of Literary and Artistic Works offers protection for copyrighted works in all its member countries.

But these available protections of copyrighted works vary. Therefore, the question of where infringement happened and what country’s law applies to remain relevant.

Trademark Infringement

Trade infringement assesses if there are any same or similar registered or unregistered trademarks that may be a hindrance. If the trademarks exist, the use of the purposed mark may be liable for trademark infringement, and registration may also not be available.

In cloud computing, the question is where the trademark is used if it is used through the cloud and if a company using cloud computing has to consider the availability of its trademark in each jurisdiction globally before using it all. This highlights the issue that clouds computing presents in this context.

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