Questions and Answers: Software

First of all, it is advisable to carry out a prior search of the brand to find out if there is already one deposited or registered in the intended area of activity. It should be noted that, in some cases, even if no prior information is available, a more accurate consultation is essential, since the Industrial Property Law provides for several exceptions of signs that cannot be registered (23 only in Article 124 of Law No. 9,279 / 96 ), and these, certainly, if they are consulted considering only the previous one, will not appear in the search, inducing that there is no previous record. The trademark application must be requested in a specific form, the due fee must be collected and certain documents are attached and others are presented for verification, as the case may be. In order to carry out the search or make the deposit, the interested party must go to the headquarters of the INPI or to one of the Precincts or Representations of the Agency, existing in the Brazilian states, or to look for an Agent Accredited by the INPI.

The legal regime for the protection of Computer Programs is that of the Author's Law, which is governed by Law no. 9,609 of 1998 - Software Law, in the alternative, by Law 9,610 / 98 - Copyright Law.

The validity of the rights for those who develop a Computer Program is 50 (fifty) years, counting from January 1st of the year subsequent to that of its creation date.

The registration of a Computer Program has international validity, in the countries that have signed the TRIPS and as long as it complies with national legislation.

The creation date is the date on which the Program became able to perform the function for which it was designed.

In the case of works protected by Copyright, the right is born with the work, thus, it is independent of any Registration, therefore the Registration cannot be mandatory. However, in case of dispute this certificate proves the authorship of the Program, ensuring, until proven otherwise, the author's rights. Furthermore, the volatility of Computer Programs, which are always subject to frequent changes, makes it practically impossible to prove authorship in the absence of the Registry.

There is no way to search for Computer Program Registration on the INPI website, however, DIREPRO can be requested to search for a Computer Program Registration request.

There is no problem, as the “originality” mentioned in the law is affected by the personality of the author and not by the fact of being or not new. In addition, only a completed Program can be registered and not just the idea of doing so.

The Computer Program Registration can be done by an individual or legal entity, just as a legal entity does not create a program, necessarily, a document must be presented that links the creator (always an individual) to this legal entity or a document of assignment.