The most common question our Software Copyright clients ask is: How to protect copyright on software?
In order to answer this question! it is first necessary to understand the ownership of the object of law. So! computer programs! software (SW)! mobile applications! databases! software products! source codes of sites are objects of copyright.
This is indicated by the World Intellectual Property Organization (hereinafter referred bulk sms poland to as WIPO) Copyright Treaty! which establishes the protection of computer programs as literary works. In addition! the TRIPS Agreement specifies that both the source code and the object code of a computer program are protected in this mode.
At the same time! the copyright on a computer program extends to all countries participating in the Berne Convention for the Protection of Literary and Artistic Works ! which is 181 countries.
Copyright of a Computer Program
Copyright for software arises at the moment of completion of work on it. The protectability of a work (KP) is expressed in an objective form accessible to human perception and is the result of creative activity. At the same time! not all components of the program are protected by copyright. Let’s consider it in more detail.
The most precise objects of authorship are: the source code of the CP which is expressed in its text form and the objective code which is the result of compiling its source code. If a decision is made on state registration of copyright for a computer program! then for the how to obtain a certificate of intellectual property? application it is also necessary to provide a manual for using the CP.
As for the user interface! visual! audio effects! graphic design! name! all these components of the CP are objects of industrial property and can be protected as an industrial design or trademark.
In the event that an industrial result is achieved with the help of software and it is singapore lead not obvious for the known level of technology! it is possible to obtain patent protection for the algorithm of such software ! for example! in the USA and some other countries. It is important that this software is part of some device or is itself a device. For example! a robot equipped with artificial intelligence functions.
It is impossible to obtain protection for ideas! methods! principles! business processes on which software development was based. These components are subject to protection within the framework of strict confidentiality and commercial secret regimes .
For more detailed information on choosing a strategy to protect your rights to a computer program! we recommend that you contact our attorneys .
Which Computer Programs Require State Registration?
As stated earlier! the copyright for software arises for the author at the moment of finishing work on the computer program. However! if the programmer (author) plans to dispose of the rights to the CP: sell! transfer the software under a license! attract an investor! donate! assess the cost and contribute to the authorized capital! carry out other legal actions! then for these purposes state registration of copyright is necessary.
