Now at the core of many economic activities, software is an important asset in a company and therefore requires an adapted strategy for its creation, exploitation and valorization.
What is a software?
Software can be used in applications such as data processing, research or production management applications. These applications can notably take the form of a mobile application.
From a computer point of view, it is a set of coded instructions intended to be executed by a computer. The software is thus composed of various elements:
-A graphical interface
-The preparatory design material
-Possible mobile applications
How to protect a software?
Some components of the software can be protected (graphic interface, preparatory design material, …) by copyright, if they meet the condition of originality necessary to obtain copyright protection. Our team can help you to determine which components are likely to benefit from this protection and to ensure their protection and valuation.
Software can also be protected by patent law, on condition that a technical invention is derived from the software, since only the technical elements can be granted patents. Software patents are therefore particularly complex and require a certain degree of thoroughness with respect to the requirements for patent protection.
Our team can help you determine the various protections to which your software may be entitled and carry out the necessary studies prior to filing a patent application.
Who owns the rights to the software?
Since software can be protected in different ways, the question of who owns the rights is particularly complex and requires an in-depth study of the people involved in the project, the professional relationships they have with your company and the rights your software can claim.
Indeed, within the framework of the software rights conferred by the copyright, if the author of the software is an employee, the ownership will return to his employer. However, if it is a commissioned work, a license or assignment contract will be necessary.
As for the patent law, the ownership of the rights can be complex.
– Audit and valuation of your software
– Determination of the rights to which your software can claim
– Proceeding with the various formalities related to the protection of your software
– Interpretation of the contracts attached to your software
– Drafting of assignment and license agreements, software development agreements and computer system supply agreements
– Protection of your software on the Internet and legal strategy