Software News Sites: Your software is protected?

When it comes to software or applications, always comes to mind that, in a way, it is a well of more easily violáveis. It is very easy to copy them, and pirated versions of such software today constitute the majority of copies circulating in the world.

The dependence of such countries and companies of digital technology has transformed the need for protection rules intellectual property in requirement of own economic activity that comes from technology transfers, control markets and especially financial results of corporations.

You would not want that after months or years of development that sensational application, your real cat leap, a few weeks of launching the program in the market, a competitor appeared with an absolutely similar system by subtracting your prospects.

Of course you can demonstrate to a judge or arbitrator who his version is the original, but it will take time and, above all, financial resources in a complex forensic procedure.

Brazilian law equates computer programs to literary works, ie they have the legal nature of a copyright. Thus, it allows that the software you’ve developed is recorded at the National Institute of Industrial Property (INPI) in order to prove the authorship of computer programs and, as we shall see, that the exclusivity of their exploitation is ensured.

So for a cost that can sometimes even surpass US $ 3000, off the fees of the professionals who work to assist in this procedure, the INPI software registry provides legal certainty to business to constitute a back up confidential and safe asset, which ensures strong evidence in case of litigation or arbitration, as often as deemed necessary, without proof is void, establishing the date of creation and in particular on ownership copyright of the software.

In addition, the registration with the INPI has international recognition, which means you will not need to register your software in every country in the world.

After registration, protection guarantees exclusive use for 50 years, as of January 1 of the year following its creation, ie the date on which the program is able to perform the function for which it was designed.

And what’s more, developers who work or contributed to the development of the computer program can not complain in court about any copyright applications developed in the contract with the company that hired them, except the right to claim paternity and oppose unauthorized changes when these necessitate distortion, mutilation or other modification of the computer program that harm their honor or reputation.

On the other hand and just as important, the record of the computer program and applications becomes especially interesting when considering the possibility of generating business with them, or even the prevention of certain business if not done the registration and its subsequent acts such as annotations contracts related to it.

Well, the computer program registration gives legal certainty to the parties in the event of sale or licensing of the right to use it, as well as ownership transfer cases of property rights software, given that for such a contract is allowed the registration of the certificate program, ensuring the rights of the contracting parties and third parties.

This will allow you to commercially exploit safely computer program, including authorize or not to carry out modifications to the source code by third parties.

It is worth remembering that with the software registration, its owner can participate in government procurement, given that it is necessary condition for the technical capability and rely on it as a title for masters and doctorates.

Finally, the records of computer programs allow its owners or its customers various tax deductions, through incentive programs.

An example is the requirement of Ordinance No. 87/2010, the Ministry of Communications, which deals with the minimum technical requirements of mobile phones that enable Internet access at high speed smartphone type, benefit from tax relief under Law 11,196 / 05, which requires a minimum package of applications developed in Brazil previously embedded.

The evidence of compliance with this requirement is through the records in the PTO, the software that has local content and must be deposited with the Ministry of Communications by the manufacturers of mobile handsets benefit.

Even the National Bank for Economic and Social Development (BNDES) has programs for innovative developers of national software, such as “BNDES MSME Innovative” for micro , small and medium enterprises who fall into one of the actions established to support the financial institution.

Among the various requirements, that investment program requires that the company have registered or has filed an application program computer with INPI in the same year of the funding proposed protocol, or the previous two years.

So there are several reasons for the developer seek computer program protection with the INPI.

But the software has legal protection, it must obey the criterion of originality. In this sense, the registration with INPI will protect the original software, in whole or in part, regardless of one or some parts of the source code be developed from a software “standard”. What will be protected will be the differentiating and strategic parts that differentiate well protected from other programs.

From there, the unauthorized use the software of the holder, by any means, will constitute infringement of copyright owner the computer program, allowing for reparations for damage to property and even criminal liability of the offender.

So let’s register the software can bring many troubles to the developer. But, as seen above, the computer program registration, and protect it from piracy or unfair actions of competitors, open the door for diverse and important business opportunities, such as access to affordable financing, tax incentives, and other benefits .