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.
5.1 Prerequisites
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Detecting counterfeiting
Some concluding recommendations
Bibliography
References
Regulations
Law no. 98-534 of 1 July 1998 transposing into the Intellectual Property Code Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases.
Law no. 85-660 of July 3, 1985 on copyright and the rights of performers, producers of phonograms and videograms and audiovisual communication companies.
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Organizations
Compagnie Nationale des Experts Judiciaires en Informatique et Techniques Associés (CNEJITA) - National Association of Judicial Experts in Computer Science and Associated Techniques
World Intellectual Property Organization (WIPO)
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