software protection

In the Czech Republic, the software is protected as a literary work under the stipulations of the copyright act. The protection of software, however, is in a different mode under the copyright, compared to other authors’ works. First and foremost, the only condition of originality of the software is that it is the author’s own creation. There are no other conditions examined for the purposes of protection, unlike with other author’s works (creative nature, uniqueness, individuality, etc.).

In general it is not possible in continental Europe to protect software by a patent, as it can be protected in USA or other countries (under so called software patents). Protection by patent is possible only if the software has a specific technical effect.

In software agreements it is necessary to set the contractual documentation well, as the provision of software requiressubsequent service, or additions to fulfill client’s requirements, modifications of the system, software defects removal etc. For the effective use of software it is important not to neglect the quality of contractual guarantees. For the event of default by the supplier, we recommend to also use a source code deposit (or escrow), as the software is often crucial to the operations of the company.