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Software protection

Software or a computer program is the logic support of an IT system consisting of a set of logic components needed in order for specific tasks to be carried out, as opposed to physical components, which are known as hardware.

Developing a specific computer program requires a considerable investment of human, technical and financial resources, and it can be copied at minimal cost compared to what it takes to create it independently. It is therefore necessary to ensure that software is properly protected.

To enjoy the protection offered by copyright, neither registration, nor any other formality is required; protection is granted simply by the act of creating the program, as long as the author can reliably certify so.

Nevertheless, in many instances it can be crucial for the author of a program to have an officially recognised proof or certification of authorship so that they can act with certainty against third parties in the event of non-authorised copy or use of their creation.

It is important to stress that copyright will only protect a computer program in its written form, that is, its source code.

The European Patent Convention states that software is not patentable where a patent application refers to a computer programme as such. Nevertheless, it makes a distinction between software patents in the strict sense and so-called computer-implemented inventions.

In every case, our team of Patent Attorneys and the professionals within our Legal Department advise the client personally on the different alternatives for protecting their software creations in all territories of interest.

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