VALUATION AND NEGOTIATION OF TECHNOLOGY

212032A_474

Step 2 - Analyze main actors and concepts to consider in a

technology negotiation

DELIVERED:
KARLA NATHALIA TRIANA

PRODUCED BY:
OSCAR EDUARDO PARRA
CC. 1019070013
GROUP:212032_8

UNIVERSIDAD NACIONAL ABIERTA Y A DISTANCIA.

UNAD
ESCUELA DE CIENCIAS BASICAS. INGENIERIA
INGENIERIA INDUSTRIAL
•Practitioner’s Section Patent License
Negotiation: Best Practices Concept map
(Activity 1)
•An Empirical Analysis of Intellectual Property
Rights Sharing in Software Development
Outsourcing Comparative table (Activity 2)
Right to use The developed software and source code for a
specific purpose after the contract ends, but not
modify, reproduce, or sell the software. This right
does not allow the party to use the developed
software, to sell, or to distribute the software
program to the public.

Right to redeploy The residual knowledge asset such as information relating to

ideas, concepts and techniques which are gained in the SDO
process into projects for other parties. Different from the
right to use which grants the right to use the output of the
SDO project, the redeployment right allows the rights holder
to use the know-how and information gained in the SDO
process, and the residual intellectual assets that may not
have been clearly specified in SDO contracts.

Right to sell The developed software to third parties in certain

geographical regions and industries
. Get Water .
How can this kind of technology be protected in
Colombia, by copyrights or by patents?.

Protect the different elements of it through different legal

figures. In this way the name of the application can be
protected as a registered trademark, while the icon, or
the graphic representation that identifies the application,
as a figurative mark.

For this, it is necessary to make an application for

registration of the same with the Superintendence of
Industry. and Commerce, which is the authority in charge
of processing and granting trademarks in our country.
 As for the protection of software, computer programs,
in accordance with Andean Decision 351 of 1993, is
protected through the Copyright Regime. This means,
among other things, that the code used for the
development of the application or software is protected
by law from the moment of its creation, however, a
registration can be made to the National Directorate of
Copyright for purposes declarative or probative, as a
precaution in case of conflicts or infractions.
 It would also be necessary to analyze if there are other
elements of the application, such as sounds or music,
characters, dialogues, drawings or photographs that
have been created for the application or software and
that should be protected through copyright and backed
by your respective registry.
Is it possible to protect applications or software through
patents?

The answer to this question is somewhat complex. In

principle we should say no, because Decision 486
expressly excludes, as a general rule, patents on
computer programs or software because, as we saw
earlier, the software is regulated by copyright laws.

However, this general rule refers exclusively to inventions

in which the object of the patent only has as its object a
computer program.
Therefore, when dealing with an invention that involves a
computer program, that fulfills technical functions within it
or that implements a product or procedure, it may be the
subject of a patent application as long as it complies with
the following conditions :

a) That the object of the invention is a product or process

and not software as such

b) that the software that is part of the invention has a

particular practical application.
As examples of computer-implemented inventions we can
find engine control systems that use injection technology
to reduce fuel consumption and gas emissions, driver aids
and other safety devices in cars, automatic shredders,
among others.
It should be noted that although in Colombia the "Guide for
the Examination of Invention Patent Applications and Utility
Model" of the Superintendence of Industry and Commerce
admits this type of patent, in accordance with current
international practice, however the different decisions that this
entity in relation to inventions containing computer programs
contradicts what is indicated in the guide, by denying in most
cases the patentability of the same. For this reason it is
advisable to seek a specialized legal advisor to study each
case before submitting a patent application involving software.

By way of conclusion I would like to emphasize that currently

under our legislation it is possible to protect certain computer
programs through patents, which besides being a protection
mechanism against unauthorized reproduction ("copy"), use or
commercialization, also they constitute the foundation for the
exploitation, transfer or transfer of the protected invention.
Protection of software in Colombia.

The World Intellectual Property Organization (WIPO),

debate on what regular regulation of software, based on
the "WIPO Model Provisions" of 1976. The first document
that emphasizes the protection of software through the
discipline of the Intellectual Property, was the "Model
Provisions for the Protection of Computer Software" [15]
of 1978. This document refers to a sui generis system
[16]. Copyright or industrial property. However, this
protection is not so necessary at the time.
Law 33 of 1987 and Law 565 of 2000, ratify international
obligations for the protection of software as an object of
Copyright. Based on the foregoing, the Colombian State
complies with the provisions of the TODA and the Berne
Convention, in its regulations:

Law 23 of 1982, like the Berne Convention, has a non-

exhaustive list of works protected by copyright, in which,
although the software is not found, it was included later.
In this regard, Ernesto Rengifo argues that before the
appearance of the software, in Colombia "it was
considered that it was not necessary to reform the
copyright law, given the obvious nature of the intellectual
work that the software held" [20].
Decree 1360 of 1989 [21], "by which the registration of
software (software in the National Registry of Copyright) is
regulated," incorporated the concept of software in
Colombian law. This decree defines the software "as a
creation of the literary domain" comprising the computer
program (or computer), its description and auxiliary
material. However, article 7 states that "the protection
granted to the software does not exclude other forms of
protection", giving room to consider that other components
that interact with the software may have protection.

The law 44 of February 5 of 1993, "by which modifies and

adds the law 23 of 1982 and modifies the law 29 of 1944",
does not consider to the software like a literary work, since
it mentions it of independent way to the literary works in his
article 51: "If in the material support, cover or presentation
of the literary work, phonogram, videogram, software or
cinematographic work is used ..."
Decision 351 of 1993 (common regime on Copyright and
Neighboring Rights in the countries subscribing to the
Cartagena Agreement), defines computer programs in
Article 3, as the "Expression of a set of instructions by
words, codes, plans or in any other way that, when
incorporated into an automated reading device, is capable
of making a computer -an electronic or similar device
capable of producing information- execute a certain task or
obtain a certain result ". Chapter VIII of the same regulation
regulates some aspects of the software, stating that its
protection is given "in the same terms as literary works".
Again, software is not understood as a literary work. In this
regard, the National Directorate of Copyright (DNDA) stated
that the software "aims to describe the orderly sequence of
instructions intended to be assimilated by a computer, in
order to achieve a specific result" [22], establishing the
independent character that he has the software, even
when it is protected in the same way as literary works.
Finally, Decision 486 of the year 2000 (Industrial Property
regime for the Andean Community), states in article 15,
literal "e", that "computer programs or software, as such,
are not inventions". It was required to expressly prohibit
the protection of software under the Industrial Property
regime, given the discussion against its patentability.
"The software can eventually be protected by patent
when its nature is inseparable from another invention,
but if this is not the case, it is software or software
separated or in themselves (" as such "), they are not
considered inventions and will not be protected by
patents "[23]. The Superintendency of Industry and
Commerce (SIC), has pointed out in this regard that are
not excluded from patent protection "inventions that even
if they relate to or make use of computer programs, do
not consist only in the latter" [24], bringing a little
protection to software creations.
Bibliography and links of interest

https://propintel.uexternado.edu.co/la-proteccion-d
el-software-desde-la-propiedad-intelectual-en-colo
mbia-conveniencia-de-la-creacion-de-una-normativ
a-especial-que-garantice-los-derechos-de-los-desar
rolladores
/