INTELLECTUAL PROPERTY
Company owns software written by programmer official
It belongs exclusively to every employer and any duty on computer programs developed by the employee in the period of the employment contract, unless otherwise agreed there. Thus understood the 7th Panel of the Regional Labor Court of the 4th Region (RS) to deny compensation to a former developer of a gaucho company.
The author said that since 2001, the company has appropriated and comes benefiting from a program he created for management. The request had been denied by the first instance, but he tried to overturn the decision on TRT-4.
As the court of origin, the 7th Panel considered that the employment contract did not contain any clause on the subject. So worth the article 4 of Law 9,609 / 98, which governs the protection of intellectual property of software and marketing in the country.
” In the event of the case, the description of the author’s function provides , among other activities, to ‘optimize the use of resources that meet inventory policies and services’. And the complainant stated that, when developing the system ‘of MPS Management’, he did nothing more than precisely optimize the use of an existing resource in the defendant (‘EMS / DataSul’) ” said the rapporteur of the appeal, Judge Wilson Carvalho Dias. The decision was unanimous.
Click here to read the judgment.
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Jomar Martins is a correspondent of the magazine Counsel in Rio Grande . South
Magazine Counsel , April 1, 2015, 8:44 a.m.
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