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Lawyers specialising in the legal protection of software

Software has become one of the main assets of companies and of any digital business. That is why ensuring its protection against third parties is of great importance for any business.
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What is software?

In our legal system, the software is equated to the concept of computer program and is defined in the Intellectual Property Law, specifically in article 96 as:

“any sequence of instructions or indications intended to be used, directly or indirectly, in a computer system to perform a function or task or to obtain a specific result, whatever its form of expression and fixation.”

Intellectual Property

Article 10.1 a) of the Law on Intellectual Property expressly states that computer programs shall be the object of intellectual property.  Therefore, the software is considered as an intellectual property work, at least from the point of view of the European legal system, and implies that its author is granted moral and economic rights.

  • Moral rights: these are those that correspond to the author by the mere fact of being its creator (right of paternity, integrity, disclosure).
  • Economic rights, which refer to the rights of exploitation of the work (right of reproduction, right of transformation, right of publication, right of distribution, right of public communication)

Within the framework of our services, we advise on the form of copyright protection: on the scope of rights, registration process, ownership, term of conservation, transfer of exploitation rights, and defense against infringement of rights.

Escrow Contract

The Escrow Contract consists of the formalization of an agreement between the parties, the software developer and the client, whereby they agree to deposit a copy of the source code with a trusted third party (Escrow Agent).

Within the framework of our services, we offer advice on how to draw up escrow contracts, drafting models and clauses adapted to each specific case and legal defense in the event of non-compliance.

Business secrecy

Business secrecy as a means of protecting software consists of the formalization of confidentiality agreements between the parties who will have access to the source code.

Within the framework of our services, we analyze the possibility of protection by means of trade secrecy, the study of the requirements, and the development of confidentiality agreements with their respective clauses.

Legal advice for the protection of software

At Navas & Cusí we provide guidance and advice on issues relating to the protection of software at any stage of the process: in its creation, development, study of the means of protection and management of its commercialization, offering specific advice adapted to each specific project.

Thus, Navas & Cusí offers the following services:

  • Legal advice and protection in the software creation and development process.
  • Legal advice on the development of mobile apps.
  • Drafting of general conditions in different Cloud Computing models (IaaS, PaaS, SaaS).
  • Intellectual protection of software. Software registration.
  • Deposit of source code (Escrow Agreement).
  • Business secrecy.
  • Advice, drafting, and management of development contracts, user licenses, maintenance, purchase, and sale or distribution of software.
  • Outsourcing contracts.
  • Drafting legal reports on software data protection.
  • Legal advice on IoT systems.
  • Legal defense and assistance in court against software infringements..