SOFTWARE
WHAT IS IT?

Software is the set of instructions in code or natural language that tell a computer what to do and comprises the entire set of programs, procedures, and routines associated with the operation of a computer system. Brazil is home to a thriving software industry which generates more than US$ 60 billion per year.

WHAT IS IT?

Software is the set of instructions in code or natural language that tell a computer what to do and comprises the entire set of programs, procedures, and routines associated with the operation of a computer system.

Under Brazilian law a computer program is considered a literary work and protected by the Brazilian Copyright Law, No. 9.610/98 because it is considered to be an intellectual creation made by an author or co-authors. Article 18 of this law provides that the rights protected under the Copyright Law (including computer programs) are protected, regardless of their registration.

In addition to the protection granted by Copyright, software in Brazil is also considered to be Intellectual Property and protected by the Industrial Property Law, No. 9.279/96.

Registration of software before the PTO assures its holder exclusivity over production, use and commercialization. It may be made either in the name of an individual or a legal entity or both.  In addition, registration of software is essential for proving authorship and has become a requirement for participating in government tender processes. The validity of the registration is 50 years, counted from January 1st of the year subsequent to its publication.

Consult us to discover how to register software before the PTO.