5. Detecting counterfeiting

When an author or company producing a software package suspects a competitor of infringement, it must ensure the following:

• be able to date his work with certainty, so as to demonstrate its anteriority;

• be sure that it is an original work;

• be able to prove ownership.

Once these points have been established, the company can proceed with an infringement seizure (§ 5.2), enabling an expert to compare the software and deduce similarities.