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.

In some cases (mostly in public interest), it is possible to use protected computer programs without the consent of the copyright holder, but with the payment of remuneration to him in accordance with the established procedure (collective management), according to the Law of the Republic of Belarus of January 3, 2023 "On the limitation of exclusive rights to intellectual property".

(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.