Practical sheet | REF: FIC1609 V1

How do you protect software or computer creations?

Authors: Marie SOULEZ, Jérémy BENSOUSSAN

Publication date: July 10, 2017 | Lire en français

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4. Depending on your interests, make sure you retain ownership of your software or computer creation.

Under the terms of article L. 111-1 of Code de la propriété intellectuelle , the intellectual property rights in a work are vested in the individual author who created it. According to common law, this is the case even if the work was created under a commission contract, or even an employment contract.

However, by way of derogation from the principles of common law, and unless otherwise provided for in the company's articles of association or by stipulations to the contrary, economic rights in software and its documentation created by one or more employees in the performance of their duties or on the instructions of their employer are vested in the employer, who alone is entitled to exercise them.

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Depending on your interests, make sure you retain ownership of your software or computer creation.