Software Law

Software Law
As a core aspect of many economic activities, software law deals with the important asset of software within a company, requiring tailored strategies for their creation, exploitation, and valuation.

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What is Software?

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.

Components of Software

From an IT perspective, software comprises various elements:

  • Graphical Interface
  • Algorithm
  • Preparatory Design Material
  • Source Code
  • Object Code
  • Mobile Applications

How to Protect Software?

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. 

Who Owns Software Rights?

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.

Protect Your Software Creations with Our Expertise

Dreyfus provides internationally renowned expertise to clients. 

  • Software Registration and Protection

    We assist in registering and legally protecting your software to ensure optimal protection of your IT creations.

  • Software Portfolio Management

    We offer portfolio management services, including renewal tracking and strategy development to maximize your software's value.

  • Software Rights Litigation

    We represent clients in software-related disputes, including infringement actions and opposition proceedings.

  • Protection and Defense Strategy

    We develop tailored strategies to protect your software from unauthorized copying and use.

  • Compliance and Innovation Advice

    Our experts advise on regulatory compliance and best practices for safe innovation in software.

  • Monitoring and Surveillance

    We provide continuous monitoring to detect software rights violations and take swift action to enforce them.

FAQ on Software Law

Why is it important to protect software?

Legal protection prevents unauthorized copying and use, granting exclusive rights to your software.

What are the benefits of software portfolio management?

Effective management maximizes asset value, tracks renewals, and develops exploitation strategies.

What to do in case of software infringement?

Quick action is crucial. Our experts can represent you and take legal action to defend your rights.

How can you help protect my software internationally?

We assist in registering and protecting your software across multiple jurisdictions globally, ensuring comprehensive surveillance.

What is monitoring in software rights?

Monitoring involves tracking the market and registrations to detect unauthorized software use and take necessary actions.

Do you offer advice for compliance and innovation in regulations?

Yes, we provide advice on practices and regulations to innovate safely while protecting your software.