Mobile Apps: Navigating Intellectual Property, Data Privacy, and Cybersecurity

Recording of a 90-minute premium CLE video webinar with Q&A


Conducted on Tuesday, October 27, 2020

Recorded event now available

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Program Materials

This CLE webinar will prepare counsel to anticipate and respond to legal challenges facing companies that develop and utilize mobile apps. The panel will examine and offer solutions to hurdles to obtaining IP protection for mobile apps, outline strategies for minimizing infringement risks, monitoring and enforcing, licensing and transferring IP rights, and address compliance and risk mitigation in relation to data privacy and cybersecurity in mobile apps.

Description

Billions of mobile apps have been downloaded, and most time spent on mobile devices involves the use of apps – including both personal and business uses. Tablets, smartphones, and other devices all provide a platform for consumers to connect with companies and their brands through apps.

Companies developing mobile apps must act to protect their own IP rights and avoid infringing the IP rights of others. Counsel to app developers should take steps to protect their client’s IP rights in app development, designs, naming, slogans, and user interfaces, and protect the data privacy rights of their users. Counsel must be knowledgeable of the various app store environments and develop protocols to monitor for potential IP infringement and data privacy law compliance.

Our experienced panel will provide counsel with guidance in developing and implementing a well-crafted protection strategy to police and enforce IP rights in mobile apps, as well as policies, procedures, and best practices to anticipate and mitigate IP, data privacy and cybersecurity risks and liabilities.

Listen and watch as our authoritative panel of attorneys discusses the hurdles that businesses must overcome to address IP, data privacy, and cybersecurity issues for their mobile apps.

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Outline

  1. Identifying and prioritize potential IP rights in a mobile app
    1. Forms of IP protection available in the United States and beyond
      1. Utility Patent / Utility Model / Trade Secret
      2. Design Patent / Industrial Design Registration
      3. Copyright
      4. Trade mark, Trade Dress
      5. Domain names and social media
    2. Prioritizing IP to Pursue
  2. Obtaining IP rights in a mobile app
    1. Determining Availability and Risks of Adoption
    2. Whether and when to apply
    3. Putting others on notice
  3. Licensing mobile apps
    1. Due diligence
    2. Terms and conditions
    3. Alternatives to licensing
  4. Infringement
    1. Policing and monitoring
    2. Mobile app eco-system
  5. Compliance, Data Privacy, and Cybersecurity Risks
    1. What type of data is at risk?
    2. Cost of a data breach
    3. Compliance and mitigating the risk of a data breach
    4. Responding to a data breach

Benefits

The panel will review these and other key issues:

  • What intellectual property, data privacy and cybersecurity issues should counsel anticipate and address during the development and use of mobile apps by a company?
  • What are the infringement vulnerabilities for companies using mobile apps?
  • How can companies with mobile apps avoid the IP rights of others?
  • What strategies are available to counsel to employ to enforce intellectual property in mobile apps?
  • How can companies ensure they are in compliance with data privacy laws and reduce the risks of data breaches and liabilities arising therefrom?

Faculty

Asbell, Matthew
Matthew D. Asbell

Principal
Offit Kurman

Mr. Asbell assists clients in clearing, obtaining, enforcing, and defending trademark rights in the U.S. and throughout...  |  Read More

Wernick, Alan
Alan S. Wernick

Of Counsel
Aronberg Goldgehn Davis & Garmisa

Mr. Wernick is an experienced business transactions attorney, advocate and arbitrator/mediator handling legal matters...  |  Read More

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