Article | REF: H4128 V2

IT contracts

Authors: Jean-François FORGERON, Alexandre FIEVEE, Isabelle POTTIER

Publication date: September 10, 2012

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4. Software protection obligations

As literary works, software is protected by copyright, but may also be subject to other provisions (patent, trademark, unfair competition, trade secrets, etc.).

4.1 Scope of protection

The protection afforded by Article L. 112-2 of the French Intellectual Property Code covers "preparatory design material", which is assimilated to software. However, the term "preparatory design material" is not defined by law.

However, in the light of Community Directive 91/250/EEC, it would appear that the elements of the software which enabled it to be created and which may enable it to be created again in the future are concerned. The following are thus protected, provided that they enable the program to be produced in the future:

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