Software copyright protection is a fundamental legal mechanism that shields computer code, treated as a literary work, from unauthorized copying, distribution, and modification. In the digital age, where software code is often a company's primary asset, its legal protection is critical for business sustainability. In Georgia, as in most countries, software is automatically protected from the moment of creation. However, for commercial purposes and to prevent disputes, additional preventive measures are essential. This service helps IT companies, startups, and developers ensure maximum protection and monetization of their intellectual property.
What Software Copyright Protection Services Cover
Specialists registered on Legal.ge offer comprehensive services regarding code protection:
- Code Deposition (Registration): Organizing the deposition of software with "Sakpatenti" (National Intellectual Property Center of Georgia), creating irrefutable proof of the creation date and authorship.
- Copyright Assignment Agreements: Drafting and revising contracts with developers and contractors to ensure the full transfer of economic rights to the client company.
- License Audit: Checking the compatibility of Open Source libraries used in the project to avoid forced disclosure of proprietary code.
- Monitoring and Enforcement: Detecting illegal distribution of software online and taking legal action (Notice and Takedown procedures).
- GUI and Interface Protection: Consulting on protecting the visual aspects of software through design rights or copyright.
Practical Examples and Scenarios
Protecting software code is necessary in various real-world situations:
- Employee Leaving for a Competitor: A lead developer leaves the company and takes parts of the code to use in a new job. If the employment contract did not properly specify copyright transfer, the company will struggle to dispute this.
- App Created by a Freelancer: A startup commissions a freelancer to build an app. Upon completion, the freelancer claims ownership of the code and demands extra payment for its use.
- Code Theft and Cloning: A competitor reverse-engineers your website or software and creates a clone with identical functionality.
- Investor Negotiations: An investor requires a guarantee that the company owns all rights to its product (IP Due Diligence). A Sakpatenti deposition certificate simplifies this process.
Georgian Legal Framework
The field is regulated by the Law of Georgia on Copyright and Related Rights. According to the law, a computer program is protected as a literary work. Protection extends to any form of the program (source code and object code). It is important to know that copyright protects the form of expression of the code, not the idea or algorithm itself. In the context of employment relations, if a program is created within the scope of employment duties, the economic rights belong to the employer unless otherwise provided by the contract. The Civil Code of Georgia additionally regulates service and work contracts when code is created by order.
The Process: Working with a Specialist
Involving a lawyer makes the process structured:
- IP Audit: Examining existing code, libraries used, and contracts signed with developers.
- Documentation Regularization: Signing "Work for Hire" and rights assignment agreements with all authors.
- Deposition: Preparing the application and submitting a code sample to Sakpatenti for voluntary registration.
- Using Protection Marks: Correctly indicating the © symbol, author's name, and year of publication in the software.
- Enforcement: In case of infringement, preparing cease and desist letters and providing court representation.
Why Legal.ge?
Software protection requires a synthesis of technological and legal knowledge. Legal.ge gives you access to IT Law specialists who understand the specifics of code and can ensure full protection of your digital assets. Find a qualified lawyer on our platform and protect your innovation.
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