In France, the software is not patentable (Article L.611-10 of the Intellectual Property Code).
The software is considered work of the mind according to Article L.112-2(13) but having specific regulations.
No filing prosecution is necessary.
However, it is advisable to date the software for example by obtaining an IDDN certification before InterDeposit.
The original character
A work can be protected by copyright if it bears the impression of his author.
The same holds true for software which must be original with respect to all the software existing in the world and having a previous date of creation.
Consequently, it is only in the case of a dispute that a judge will consider the protection of the software.
Specifities of the copyright applied to software :
- the assigning of the copyright to the employer in the case of a software created by an employee in the execution of his duties (L.113-9) ;
- the restriction for the author of the software(L.121-7) :
- of the right to oppose modification
- of the right to reconsider or of withdrawal
Duration : 70 years after the death of the author (L.123-1 to L.123-12).
Infringement seizure :
According to Article L.332-4, the infringement seizure of a database deemed as counterfaiting is carried out under an order issued on request by the president of the first instance court. The infringement seizure must be followed by a writ of summons (civil proceedings) or by a citation (criminal proceedings) within 15 days.
At the request of the titular of the rights, a police commissioner may carry out an infringement seizure.
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