Software Copyright is one of the fastest-growing and most critical areas of intellectual property law in modern Georgia. With the rapid development of the IT sector, an increasing number of Georgian developers, startups, and international tech companies are creating unique software, applications, and computer code within the country. Protecting these intangible assets is vital for business sustainability and competitiveness. Software copyright protection involves the legal recognition of a computer program as a literary work, safeguarding it against unauthorized copying, distribution, or modification. In Georgia, software code is automatically protected from the moment of its creation; however, formal registration (deposition) and proper rights management play a decisive role during litigation and investment attraction processes. This service is designed for individual programmers, software development houses, and IT companies seeking legal immunity for their intellectual labor.
What Does Software Copyright Service Cover?
Legal protection of software is a complex process that goes beyond simple code registration. Qualified lawyers on Legal.ge can assist with the following aspects:
- Source Code and Object Code Protection: Protecting the core text and machine language of the program from unauthorized reproduction.
- Copyright Deposition at Sakpatenti: Official registration of the work (program) at the National Intellectual Property Center of Georgia, which creates a presumption of authorship in disputes.
- Drafting Licensing Agreements (EULA, SaaS): Creating a legal framework for user relationships, defining terms of use, restrictions, and liabilities.
- Rights Transfer Agreements (Assignment): Ensuring proper allocation of rights between developers and clients, or employers and employees (determining who owns the code).
- Open Source Audit: Checking the compatibility of open-source licenses (GPL, MIT, etc.) used within the software with proprietary rights.
- IP Infringement Prevention and Litigation: Fighting against illegal distribution (piracy) of software online and claiming damages.
Common Real-World Scenarios
Legal protection of software often becomes critical in the following situations:
- IT Company vs. Employee Developer: A company hired a programmer to build an app, but the contract did not specify that the code belongs to the company. The programmer left and sold the code to a competitor.
- Startup Investment: An investor requires a guarantee (Due Diligence) that the startup fully owns the rights to its platform and that the code is not stolen or improperly licensed.
- Illegal Software Cloning: You discover that another company has fully copied your software's interface and functionality and is selling it under their own name.
- Providing SaaS Services: You are launching a cloud service and need robust Terms of Service to protect yourself from misuse by subscribers.
- Hiring a Freelancer: You commission a website or software from a freelancer and want to ensure that full copyright is transferred to you upon payment.
Georgian Legal Framework and Regulations
Software protection in Georgia is regulated in accordance with international standards and conventions. The primary regulatory act is the Law of Georgia on Copyright and Related Rights. According to this law, a computer program is protected in the same manner as a literary work. The law clarifies that protection extends to any program, expressed in any language and form, including source code and object code. It is important to note that copyright does not protect the ideas, principles, and algorithms underlying the program, but only the form of their expression (the code). Also relevant is the Civil Code of Georgia, which regulates contractual relationships during software commissioning and licensing. The rules established by Sakpatenti (National Intellectual Property Center) define the procedures for depositing works, providing the author with additional evidence to prove their rights.
Service Process Step-by-Step
Working with a specialist to protect software rights typically involves the following stages:
- Initial Consultation and Audit: The lawyer reviews your software product, assesses its eligibility for protection, and identifies potential risks.
- Identification of Rights: Determining the true author and rights holder (e.g., in the case of "work for hire").
- Documentation Preparation: Preparing the application for deposition at Sakpatenti, as well as necessary contracts (employment, licensing).
- Registration (Deposition): Depositing the software code or a portion of it at Sakpatenti and receiving the corresponding certificate.
- Ongoing Support: Monitoring for infringements and providing legal response (cease and desist letters, litigation) if necessary.
Why Choose Legal.ge?
Legal.ge is the most trusted platform in Georgia for finding lawyers specializing in intellectual property. Our marketplace allows you to connect with specialists who have specific experience in IT law and software protection. The lawyers listed on Legal.ge will assist you not only with formal registration but also in maintaining a competitive advantage by ensuring reliable legal protection for your technological assets.
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