Abstract
The objective of this work was to point out risks, laws, solutions, and strategies for the protection of Intellectual Property in Global Software Development in BRICS and to identify the bottlenecks of this service, with focus in this service in Brazil. The work was carried out in three stages: (a) a literature review was systematized on Global Software Development Offshore Outsourcing (DGSOO); (b) evaluation of legislation of personal data and software protection; (c) survey with specialists of the Information Technology companies in Brazil. Companies that operate offering this service are usually located in different countries with different law and procedures, and this makes the service of risk for intellectual property rights. The group BRICS is involved in this type of service. However, the challenge for this type of service is to maintain gains without losing the intellectual property rights protection. Due to the ubiquitous nature of software in today's business environment, a DGSOO project needs to have its intellectual property protected, so that the risks of failure are minimized, and the benefits achieved. The greatest occurrences were found for the capacity to develop DGSOO projects and contracts, evidenced by the percentage of contracts finalized with delivery. Most contracts cover intellectual property clauses. The projects are mostly contracted in the software analysis stage and with confidential information, and yet 26.3% of contracts have problems with 1 to 10 projects per year; 5.3% have problems in 11 to 50 projects per year.
Highlights
In a global service-based economy, outsourcing has become a practice and is the choice of many well-organized companies
The work was carried out using three stages, in the first a systematic review was carried out on the Global Software Development Offshore Outsourcing (GSDOO) theme; in a second stage the legislation on data and software protection in BRICS countries were evaluated and in the third stage a questionnaire with Information Technology (IT) specialists was obtained, aiming to identify companies working in GSDOO in Brazil and to identify how intellectual property rights (IPR) has been treated
3.1 Systematic review The selection in the literature was carried out by title and abstracts resulting in a classification in GSDOO
Summary
In a global service-based economy, outsourcing has become a practice and is the choice of many well-organized companies. The economic benefits of structured outsourcing services are specialized efficiency in earnings and positive costbenefit rates. The need to access qualified personnel are important explanatory factors for offshoring innovation decisions. The location of the host country, its expertise and familiarity with the required language is important, in addition to its culture and the existence of the specialized service (Lewin et al, 2009; Doh, 2009; Zaheer et al, 2009). The main outsourcing operations in Information Technology (IT) are call centers; web services; software development where a new system is developed; and maintenance, where they can be repaired, adapted, or extended (Wiederhold et al, 2010)
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