Fintech and intellectual property
Produced in partnership with Rachel Free of CMS Cameron McKenna Nabarro Olswang LLP
Fintech and intellectual property

The following Financial Services guidance note Produced in partnership with Rachel Free of CMS Cameron McKenna Nabarro Olswang LLP provides comprehensive and up to date legal information covering:

  • Fintech and intellectual property
  • Fintech and intangible assets
  • Fintech IP strategy
  • Copyright
  • Open source software
  • Brand protection
  • Trade secrets
  • Practical steps

This Practice Note considers IP issues specifically in relation to fintech. It covers:

  1. Fintech and intangible assets

  2. Fintech IP strategy

  3. Patents

  4. Copyright

  5. Open source software

  6. Brand protection

  7. Trade secrets

  8. Practical steps

Fintech is technology used in the provision of financial services and may include, for example:

  1. software for electronic payments using conventional currency, such as software which implements protocols for atomicity, consistency, isolation, durability (ACID) transactions (where ‘ACID’ is a set of properties of the transaction)

  2. software for making transactions using a blockchain distributed ledger

  3. quantum equipment and software for implementing ‘quantum money’

  4. trained machine learning systems for making automated-lending decisions for loans to individuals or businesses

  5. trained machine learning systems for assisting with pension fund management

  6. software for automated trading of securities and/or derivatives

  7. software used by an enterprise, for automated price setting of goods or services sold by the enterprise in particular markets

  8. autonomous, rule-based systems for providing financial advice to individuals

  9. trained machine learning software for anti-money laundering enforcement

There are many types of IP protection that are potentially available for fintech, including patents, trade marks, copyright, designs and trade secrets. Of these, the strongest rights are typically considered to be the registered IP rights (patents, registered trade marks and registered designs) on the basis that they are easier to enforce, and it is easier to prove the chain of