Désormais au cœur de nombreuses activités économiques, le droit des logiciels s’intéresse à un actif important dans une société et nécessite par conséquent une stratégie adaptée quant à leur création, exploitation et valorisation.
While no legal definition exists, the EU Directive 2009/24/EC on the legal protection of computer programs describes them as programs in any form, including those embedded in hardware. This includes preparatory design material leading to software development if it enables the creation of a computer program.
From an IT perspective, software comprises various elements:
Some software components, like the graphical interface or preparatory design material, may be protected by copyright if they meet the originality requirement. Our team can help determine which components qualify for protection and ensure their safeguarding and valuation.
Software may also be patentable if it results in a technical invention since only technical elements can be patented. Software patents are complex and require rigor regarding patent protection requirements.
Software protection can be complex, involving different protections and rights ownership, requiring an in-depth study of those involved in the project, their professional relations with your company, and the applicable rights.
In copyright law, if the software author is an employee, the employer holds the rights. For commissioned works, a license or transfer contract is necessary. Patent law distinguishes between employee inventions, which belong to the employer, and off-mission inventions, which may or may not be attributable to the employer.
Dreyfus provides internationally renowned expertise to clients.
We assist in registering and legally protecting your software to ensure optimal protection of your IT creations.
We offer portfolio management services, including renewal tracking and strategy development to maximize your software's value.
We represent clients in software-related disputes, including infringement actions and opposition proceedings.
We develop tailored strategies to protect your software from unauthorized copying and use.
Our experts advise on regulatory compliance and best practices for safe innovation in software.
We provide continuous monitoring to detect software rights violations and take swift action to enforce them.
Legal protection prevents unauthorized copying and use, granting exclusive rights to your software.
Effective management maximizes asset value, tracks renewals, and develops exploitation strategies.
Quick action is crucial. Our experts can represent you and take legal action to defend your rights.
We assist in registering and protecting your software across multiple jurisdictions globally, ensuring comprehensive surveillance.
Monitoring involves tracking the market and registrations to detect unauthorized software use and take necessary actions.
Yes, we provide advice on practices and regulations to innovate safely while protecting your software.
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