Protecting Your Innovation: Navigating Intellectual Property in the Apps World - Atty. Mahmoud Turabi

Mobile app development is a booming industry in today's AI-infused and highly digitally connected world. Due to the amazing diversity of App platforms, and their ease of access, it has become easier for business owners to market their products and services directly to their customers through them. These Apps are valuable commercial assets, and their intellectual rights must be protected.

Intellectual property (IP) laws may seem confusing and difficult to understand initially, but the startup owner or entrepreneur should consider that IP laws are essential to him and his business.

This article explains the main tools, means, and mechanisms that can be used to protect Apps from plagiarism and violation of their intellectual property rights, by taking several steps to protect ideas, from the initial stages to the preparation and final launch of the App.

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First: Creating the App (Initial Concept/Initial Idea)

After completing the research on your app idea, its contents, and the functions it will perform. The next stage is to start programming and designing it, and now you may need to contract with software developers to write the code for the App and design its mechanisms and functions, what do you need to do before taking this step?

1.Non-Disclosure Agreements (NDA)

The process of creating an App is usually not a one-person job. You need App developers, programmers, designers, content creators, and others to complete the work to the fullest.

Therefore, you may have to disclose some or all the secrets of your App to those who will contract with you, whether freelancers or employees who work for you, or any other person such as investors, business brokers, consultants …etc. The danger is that these people may infringe on your ideas and steal them for themselves or sell them to your competitors.

To prevent this, you must sign an NDA with everyone you are obliged to discuss your ideas. This agreement contains binding clauses for these parties that prevent them from disclosing the App’s secrets to anyone else and maintain the confidentiality of your information. If someone violates the terms of this agreement, you will have the right to sue them and demand compensation for all damage incurred because of this breach.

2. Non-Compete Agreements (NCA)

As we have seen before, the NDA prevents those who sign it from disclosing your secrets, but what if one of the freelancers works for your competitors, or one of your employees leaves work and moves to work for one of your competitors? This exposes you to the risks of revealing your secrets and transferring the skills acquired by your employees as well as the information, resources, and trade secrets to your competitors, which can cause severe damage to you and your business plans!

This scenario is highly anticipated in the business world, so you should take action to protect your business by signing an NCA with everyone who works for you, whether as freelance developers or employees.

The NCA includes binding terms and conditions, so the signatories agree not to compete with you or work for your competitors. so that it provides protection for all types of private knowledge, not only those related to the product, but also may include lists of customers and clients, methods of work, or anything that can be considered a commercial secret.

"Note: Please note that this type of agreement varies in its mandatory value and validity conditions according to each country and its legal system. Some jurisdictions do not recognize this agreement except that it observes several conditions that make its exercise within very narrow limits so that this contract does not constitute a violation of the state constitution that guarantees the right to work. Therefore, a specialized lawyer should be consulted to draft the terms of this agreement."

3. Owning the Source Code

The signing of the previous agreements is an essential means to protect your ideas, but it is important to know that the person who codes the App is the legal owner of it according to the law, and therefore the App’s developer retains the copyright of the code even after completing the job you assigned to him.

Here you must take a very important step, which is to oblige the developer to sign a waiver of all copyrights of the code in your favor, where you can sign an agreement with the developer called, for example, "non-employee independent developer" so that clearly states that any code created by the independent developer is "work-for-hire", which means that any code developed by him/her/them for your benefit will be owned exclusively by you, which ensures that the independent developer or employee in the future does not claim ownership of the copyright of the code.

Second: The stage of creating the App

1. Starting to create the App is copyright protection

According to most copyright laws, ideas that are expressed in any way or that are saved in any means of preservation are protected by law as soon as they are expressed by written, visual, or audio means that can be saved as literary works. Therefore, starting to write the App code and saving it on your computer is in itself a protection for it, both criminal and civil.

However, copyright laws differ in some countries. For example, some laws stipulate that the copyright owner must register them with the competent authorities as a condition for providing full protection of copyright. If it is not registered, then the legal protection is incomplete (for example: protecting the right of attribution without giving the right to claim compensation for damage).

Therefore, it is necessary to consult a specialized lawyer in intellectual property laws in your country to provide you with appropriate legal advice in this context.

2.     Trademarks

At this stage, it is assumed that you have a Trademark, Logo, Slogan, or a combination of them, so these types of intellectual property distinguish your products and/or services from others', here you must register the trademarks of your App with the trademark registrar/the competent authority as soon as possible, to prevent anyone from infringing on these marks and using them for their account.

3.     Considering the patent registration

Concerning the registration of the App as a patent, there is great controversy on this issue, as each country differs from the other in the criteria for its acceptance to register the App as a patent. Some countries accept this type of registration if they meet some of the necessary conditions for this, such as the USA, while other countries reject this type of registration and refuse to consider the App as a patent.

Therefore, it is necessary to consider this issue and seek appropriate legal advice in the country in which you wish to register your App because this process has a fundamental role in providing huge protection for your idea and preventing others from imitating and simulating it.

4.     Protect everything related to the App (full value protection)

In addition to the trademark, copyright, and patent of the App itself, your App may contain other forms of intellectual property rights that need additional protection.

For example, the music that you have composed or acquired the rights to - that works in the background of your App - may be so popular that it is used in the composing of other audio materials, or the drawings or icons used in the App may become so popular that they are used in other works. Many things add value to your App, and the best way to take advantage of these assets is by protecting their intellectual property.

Third: In the event of a violation of the intellectual property rights of your App

You signed all the mentioned agreements and registered the intellectual property rights, and after you launched the App on the app stores, you were surprised to find another App that infringes part or all of your intellectual property rights, what will you do about it? And how do you protect your rights?

1.     Report the infringement to the App Store

App stores provide means to protect intellectual property rights, as all you must do is communicate with the app store through the means available to complain about any violations of your rights while providing evidence to support your claims of violations. The App Store will then check your claims and, if correct, they will remove the violating app.

But please be advised that the other party may claim ownership of these rights, then the App Store will notify you of this, and after reviewing the request of the other party, they may decide to lift the ban on the other App and return it to the App Store.

For more information on this issue, review the App Store's policies on intellectual property infringements.

2.     Prosecution before the Courts

Some disputes over intellectual property issues may be complex and require expertise and evidence that confirms your ownership of these rights, then it is necessary to resort to the judiciary and make formal claims against the infringers of your intellectual property rights. In this case, you should discuss the matter with an intellectual property lawyer to find out what your rights and obligations are and what your options are in court.

FINAL THOUGHTS on the Intellectual Property in the Apps World

The competition in Intellectual Property in the Apps World is exceptionally intense. Most entrepreneurs and business owners seek to create unique Apps that are popular and profitable. Mobile Apps are part of a rapidly evolving technology, and these Apps can be developed at an extremely fast pace. Mobile technology is also constantly evolving, so protecting these apps remains particularly useful for business overall.

The app may be just part of the business, while in other cases the app itself is the business. Therefore, if you work in the field of App creation, or if you contract with developers to develop Apps for your business, you should keep in mind that these Apps are valuable assets that must be protected and maintained, as they are no less important than other assets of your business.

In any case, there is still an urgent need to follow an appropriate strategy to protect the intellectual property of these assets to enhance your reputation in the market and enjoy maximum benefit without worrying about competitors.

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Protect Your Mobile App’s Future – Secure Your Intellectual Property Today!

Your mobile app is more than just an idea—it's a valuable asset that needs strong legal protection. Don't risk losing your hard work to plagiarism, IP theft, or unfair competition. Take proactive steps to safeguard your code, trademarks, copyrights, and patents before it's too late!

✅ Prevent competitors from stealing your ideas

✅ Secure ownership of your app’s source code

✅ Protect your brand with trademarks & copyrights

✅ Enforce your rights against infringers

📩 Don’t leave your app’s future to chance! Consult an expert in Startups and Intellectual Property Law today and ensure maximum protection for your innovation.

Disclaimer: What is stated in this article is not professional legal advice, it is just an overview and a starting point. If you want to learn more about the appropriate protection for your ideas and apps, you can reach out to me.

Attorney Mahmoud Turabi