Entrepreneur and care about intellectual property … – canaltech (Blog)

For Keila Santos *

Ibope Media Survey revealed that Brazil is the 5th most Internet-connected country and it is expected that this year, the country reach the 4th place, overtaking Japan.

According to Fecomércio-RJ / Ipsos, the percentage of Brazilians connected to the Internet increased from 27% to 48% between 2007 and 2011. The principal place of access is the internet café (31%), followed by home (27%) and the relative of a friend’s house, with 25%.

So, Brazilians are great receivers of news related to the internet, electronic programs and applications. Taking advantage of the market opportunity, companies from startups and creating new electronic programs are growing and settling in the country.

Therefore, these companies should be aware of regulations on the creation of new software. This is because, not always who is the creator of the program is its owner

It is explained:. Law 9609/98 in order to ensure the status of legal entity and their financial investments, stipulates that computer programs shall belong to the employer in relation to rights relating for the duration of the employment contract, unless otherwise provided.

So if the author of the program works for others in subordinate character, it is up to the employer rights to the software, including its derivatives and new releases.

In the courts, the jurisprudence converges in the sense that the programs drawn up under the employment contract belong to the employer, not making the employee entitled to any remuneration exceeding the agreed wage, so that the computer program generated through the use of resources, information technology, industrial and business secrets, materials, installations or equipment of the employer, belong exclusively to the employer.

The main objective of the law is the protection. Protect the employer, by virtue of the investment arising from the creation of that program. Protect the computer industry, to provide security for the system as a whole and investors in technology, to encourage participation and provide security on investment and financial return. In addition to protecting the state, with the taxes and the consumer software user, you are entitled to technical assistance for the proper functioning of the program.

So now it’s up to the economic exploitation of the Electronic Program created by his subordinate, provided that satisfy the conditions. The conclusion is that if the entrepreneur verify technological opportunity, may invest without worry, since the rights to the program to it are guaranteed.

* Keila dos Santos Office lawyer A. Augusto Grellert Lawyers

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