The protection of software as intellectual property in Brazil is carried out by the copyright system. The law’s definition of software is deficient and outdated (“organized set of instructions, stored on a physical medium”) and protection falls on the originality of the “literality” of its various components: source codes, interfaces, data structures, flowcharts , diagrams, technical documentation and integrated databases.

Demonstrating copyright infringement on software requires detailed technical analysis and experts to compare the software involved. Registration with the INPI – carried out using blockchain technology and under confidentially measures – is crucial to demonstrate prior development. However, being declaratory, registration with the INPI does not grant exclusivity of exploration. In this case, the author will have to go to Courts.

Registering software with INPI is crucial to validating ownership and support a defense in case of violations of rights, but the registration does not confer intellectual property rights. Still, being quick and inexpensive, it is a widely disseminated practice in the market and highly recommended for companies.

 

Karin Klempp Franco
kklempp@cascione.com.br

Patricia Ataulo
phataulo@cascione.com.br

Gabriel Maran Ribeiro
gmaran@cascione.com.br