Computer Software

– Decree-Law No. 252/94 of October 20, 1994, which incorporates into the Portuguese law the EEC Directive No. 91/250 of the Council regarding the system of lawful protection of the computer programs.
– Copyright and Neighboring Rights Code, enacted by Decree-Law 63/85 of March 14, 1985, amended by Law 45/85 of September 17, 1985, Law 114/91 of September 3, 1991, Decree-Law 332/97 of November 27, 1997, Decree-Law 334/97 of November 27, 1997, Law 50/2004 of August 24, 2004, and Law 24/2006 of June 30, 2006.

Membership in International Conventions

– Berne Convention for the Protection of Literary and Artistic Works.
– Geneva Convention for the Protection of Literary and Artistic Works.

Conditions of Software Protection

Filing: inscription in the Portuguese Copyright Registry is possible, but not compulsory. 

Right to protection: similar to the one granted to literary works; belongs to the intellectual author of the computer software. 

Employee’s software: when created within the scope and under employment, pursuant to instructions from the employer, or upon an order, the rights relating to said program belong to the consignee of the program, except when stated otherwise or if something else results from the purposes of the contract. 

Foreigners: protection for foreigners is the same as for nationals, under the Geneva Convention or subject to reciprocity. 

Originality: creative character of the computer program is a condition for the protection.

Territory: Portugal (including the Azores and Madeira Islands).

Effects of Protection

The original proprietor of the program has the rights to have his name mentioned on the program and to claim the authorship thereof. The proprietor of the computer program has the right to circulate originals or copies of said program and to sell those copies. 

Duration: fifty years after the decease of the intellectual author of the computer program.

Assignment: possible, according to the provisions of the Copyright and Neighboring Rights Code and the Civil Code.

Infringement: a computer program is protected through the criminal law against the non-authorized reproduction thereof. Provisions related to the seizure of counterfeit specimens in copyright matters are applicable to the seizure of unlawful copies of computer programs.