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Intellectual
Property
Copyright
Protection of Computer Programs and Computer Software
Practical Points to Consider
If
you commission an independent software writer or consultancy to
code the software for you, unless you ensure that the copyright
is reserved to you then copyright in the computer software will
reside in the commissioned computer software writer and not in you
and your company. Make sure the copyright issue is clarified and
dealt with at the start.
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Protecting
Computer Programs
1. Copyright - Protection of Expression
Under
the provisions of the European Communities (Legal Protection of
Computer Programmes) Regulations, 1993 (the 1993 Regulations) copyright
in an original computer programme is protected. However, as copyright
only protects the expression of an idea and not the idea itself,
copyright law will not protect the ideas and principles, which underlie
any element of a computer programme or its interfaces.
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Internet
Selling - Passive or Active Selling?
One of the distinctions, which has widespread significance in EU
Competition Law, is whether particular selling activities constitutes
either active selling or passive selling. In many cases such as
motor distributorship arrangements (EC 1475/95), exclusive distribution
(EC 983/83) and franchise agreements it is acceptable for the supplier
to insert restrictions preventing the distributor, dealer or franchisee
from actively pursuing sales outside its own contract territory.
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Innovation
Tax Advantages of Royalties derived from Patents
To
the extent that a patent may be obtained in respect of a proposed
invention, there may be considerable advantages in setting up a
separate ownership entity for the patent, when granted, and at application
stage.
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