Article | REF: S8090 V1

Software counterfeiting

Authors: Jean-Marie HUOT, Arnaud TESSALONIKOS

Publication date: March 10, 2006

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1. A few legal concepts

The legal approach to software counterfeiting is to go from the general to the specific, in order to grasp the essential legal concepts of intellectual property, copyright and the protection of software against counterfeiting.

We therefore feel it is important to set out the subject in its entirety, followed by a presentation of related concepts such as know-how and business secrecy.

1.1 Intellectual property

In July 1992, the rules applicable to intellectual property under French law were codified in the Intellectual Property Code. This code comprises two main parts, the first devoted to literary and artistic property (copyright and related rights) and the second to industrial property (in particular patents).

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A few legal concepts