IPR-INSIGHTS CONSULTING AND RESEARCH 1116 BUDAPEST, KONDORFA U. 10. TEL.: (+36-1) FAX: (+36-1) Dr Eszter Telek IPR-Insights Consulting Copyright protection of software and database

Software and database protection Copyright protection Creation – protected by IPR: copyright and industrial rights Software and database are protected by copyright Copyright protection issues: without notification without an authority’s decision solely by the creation of the intellectual product – the work IPR-INSIGHTS CONSULTING AND RESEARCH 1116 BUDAPEST, KONDORFA U. 10. TEL.: (+36-1) FAX: (+36-1)

Software and database protection What is work? Work Literary and artistic works: shall include every production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression Originality Such as books dramatic or dramatico-musical works cinematographic works works of drawing, painting, architecture, sculpture photographic works maps plans etc. Ideas and principles themselves are not protected - protection shall applies to the expression in any form IPR-INSIGHTS CONSULTING AND RESEARCH 1116 BUDAPEST, KONDORFA U. 10. TEL.: (+36-1) FAX: (+36-1)

Software and database protection What is work? Types of works: not a closed list software and database is protected as literary work by BC later it was expressed such as computer program (software), database ORIGINAL WORK it is the author’s own intellectual creation No qualtative – quantitative – aesthetic criteria IPR-INSIGHTS CONSULTING AND RESEARCH 1116 BUDAPEST, KONDORFA U. 10. TEL.: (+36-1) FAX: (+36-1)

Software and database protection The author Who created the work natural person or group of natural persons Special: collective works employee creates work in the execution of his duties IPR-INSIGHTS CONSULTING AND RESEARCH 1116 BUDAPEST, KONDORFA U. 10. TEL.: (+36-1) FAX: (+36-1)

Software and database protection Term of copyright protection Directive 1993/98/EEC – harmonization of term of protection P.m.a years Author’s life + 70 years Database – sui generis protection – see later IPR-INSIGHTS CONSULTING AND RESEARCH 1116 BUDAPEST, KONDORFA U. 10. TEL.: (+36-1) FAX: (+36-1)

Software and database protection IPR-INSIGHTS CONSULTING AND RESEARCH 1116 BUDAPEST, KONDORFA U. 10. TEL.: (+36-1) FAX: (+36-1) The authors’ rights Copyright protection of the work means authors’ exclusive rights: moral rights economic rights The author may never transfer his moral rights Assignment of economic rights: varies by countries

Software and database protection Exemptions Free use of the works General Private copying Quoting Disabled persons Court, public administration and other authority proceedings Etc. Special software and database cases See later IPR-INSIGHTS CONSULTING AND RESEARCH 1116 BUDAPEST, KONDORFA U. 10. TEL.: (+36-1) FAX: (+36-1)

Software and database protection Copyright protection of computer program Directive 91/250/EEC Harmonizing different national regulations What is computer program? No definition in the Directive Preamble: the term 'computer program` shall include programs in any form, including those which are incorporated into hardware; whereas this term also includes preparatory design work leading to the development of a computer program provided that the nature of the preparatory work is such that a computer program can result from it at a later stage Source code, object code; documentation Ideas, methods not protected IPR-INSIGHTS CONSULTING AND RESEARCH 1116 BUDAPEST, KONDORFA U. 10. TEL.: (+36-1) FAX: (+36-1)

Software and database protection Copyright protection of computer program Protected as literary work Originality Author’s own creation No quantitative, qualitative, aesthetic requirements Author Joint authorship Employer as holder of economic rights Term of protection p.m.a. 70 years IPR-INSIGHTS CONSULTING AND RESEARCH 1116 BUDAPEST, KONDORFA U. 10. TEL.: (+36-1) FAX: (+36-1)

Software and database protection Copyright protection of computer program Author /right holder – exclusive rights LICENSE Special exemptions: the authorization of right holder is not required granted to the lawful acquirer Art. 5 (1):copying, adaptation necessary for lawful use, including error corrections Art. 5(2):back-up copies Art. 5(3): reverse engineering Art. 6:decompilation – from object to source code IPR-INSIGHTS CONSULTING AND RESEARCH 1116 BUDAPEST, KONDORFA U. 10. TEL.: (+36-1) FAX: (+36-1)

Software and database protection Copyright protection of database Directive 97/7/EC What is database? database shall mean a collection of independent works, data or other materials arranged in a systematic or methodical way and individually accessible by electronic or other means electronic or non-electronic databases for example: dictionary, phone book, online databases etc. not software IPR-INSIGHTS CONSULTING AND RESEARCH 1116 BUDAPEST, KONDORFA U. 10. TEL.: (+36-1) FAX: (+36-1)

Software and database protection Copyright protection of database Protection Copyright – Article 3 selection or arrangement is the author’s own intellectual creation independent protection of works included in the database Sui generis – Article 7 “Member States shall provide for a right for the maker of a database which shows that there has been qualitatively and/or quantitatively a substantial investment in either the obtaining, verification or presentation of the contents to prevent extraction and/or re-utilization of the whole or of a substantial part, evaluated qualitatively and/or quantitatively, of the contents of that database.” IPR-INSIGHTS CONSULTING AND RESEARCH 1116 BUDAPEST, KONDORFA U. 10. TEL.: (+36-1) FAX: (+36-1)

Software and database protection Copyright protection of database Term of protection Copyright: p.m.a. 70 years Sui generis 15 years from the first of January following the year of completion substantial change: shall qualify the database resulting from that investment for its own term of protection IPR-INSIGHTS CONSULTING AND RESEARCH 1116 BUDAPEST, KONDORFA U. 10. TEL.: (+36-1) FAX: (+36-1)

Software and database protection Copyright protection of database Author /right holder – exclusive rights LICENSE Special exemptions: the authorization of right holder is not required granted to the lawful acquirer Copyright necessary for the purposes of access to the contents of the databases and normal use of the contents Copyright and sui generis option for member states to limit the exclusive rights of right holders reproduction for private purposes of a non-electronic database sole purpose of illustration for teaching or scientific research purposes of public security of for the purposes of an administrative or judicial procedure IPR-INSIGHTS CONSULTING AND RESEARCH 1116 BUDAPEST, KONDORFA U. 10. TEL.: (+36-1) FAX: (+36-1)

Software and database protection IPR-INSIGHTS CONSULTING AND RESEARCH 1116 BUDAPEST, KONDORFA U. 10. TEL.: (+36-1) FAX: (+36-1) Thank you for your kind attention!