Computer Software

– There is no special law for the protection of computer software.

General Remarks

Computer software can be protected under specific circumstances by the following laws:

(A) Copyright Law of May 16, 1996:

Protection: arises for computer programs, databases.

Registration: is possible. A certificate may be granted by the National Center of Intellectual Property.

Duration: fifty years after the death of the author of the computer program.

According to the Article 26.2 of the Copyright Law, a license agreement for use of a computer program or a database is valid upon sale, if the clause of such agreement is put in writing on an exemplar of a computer program or a database.

(B) Patent Law of February 5, 1993:

Although the Patent Law excludes the protection of computer programs per se, patent protection is possible, if the computer program has a technical character. Such a procedure is also patentable, if a computer program is exclusively used within a computer.

(C) Further protection may be derived from the laid down Laws against Unfair Competition, the Trademark Law, Civil Code, Licenses Act of July 6, 1993, etc.