Insights Archives - Page 8 of 12 - Polikarpov Law Firm

Question 1

Is a program's graphical user interface (GUI) protected by copyright, and under what conditions?

Accepted Answer

The graphical user interface (GUI) of a program, which includes visual elements such as icons, buttons, menus, fonts, colour schemes and the general arrangement of elements, may be protected by copyright, but not automatically and not in full. Copyright protection for GUIs depends on certain conditions being met, the main one being originality.

Conditions for copyright protection of GUIs:

Originality: GUI must be the result of the designer’s creative labour and reflect his individual style. Standard interface elements, common icons, typical solutions for the arrangement of buttons and menus are not considered original and are not subject to copyright protection. The more unique and original elements a GUI contains, the higher the probability of its protection. For example, a non-standard button shape, original animation of transitions between windows, or unique icon design can all be evidence of originality.
Form of expression, not functionality: Copyright protects the specific form of expression of an idea, not the idea or functionality itself. This means that the visual design of the GUI is protected, not the way it works. For example, the idea of having a “Save” button is not protected, but the specific design of that button, its shape, colour, font of the inscription can be protected.
Fixation: Like any other object of copyright, a GUI must be fixed in a tangible form. This can be a graphical file, code describing the interface, screenshots of the screen, etc. Д.

What is not copyrightable in GUIs:

Ideas and principles: General ideas for organising the interface, navigation principles, functional elements that are in common use are not protectable.
Technical solutions: Methods of implementing a GUI and the programme code that makes it work are usually protected by patent law, not copyright.
Functionally dictated elements: If the form of a GUI element is solely dictated by its function, such an element cannot be protected by copyright.

It may be difficult to prove the originality of a GUI in court. It is recommended to document the process of interface development, save sketches, previous versions of the design in order to confirm the authorship and originality of the GUI if necessary.

Conclusion:

A programme’s GUI can be copyrighted, but only if it is original. Protection extends to the visual form of expression, not to ideas, principles, or functionality. If you have developed a unique GUI, it is advisable to take steps to protect it, including documenting the development process and possibly registering the copyright. For professional advice on GUI protection, please contact Polikarpov Law Firm specialists.

Question 2

What are the advantages of registering copyright for a computer program in Ukraine, given that copyright arises automatically?

Accepted Answer

Indeed, in Ukraine, copyright in a computer programme, as in other works, arises automatically from the moment of its creation. Formal registration with the Ukrainian National Office of Intellectual Property and Innovations (UKRNOIVI) is not mandatory for the emergence of copyright. However, for computer programmes, according to Article 53 of the Law of Ukraine “On Copyright and Related Rights”, registration is a prerequisite for applying to the court for protection of the author’s property rights. In addition to this important difference between computer programmes and other copyright objects, registration provides a number of advantages:

The main advantages of registration:

A prerequisite for judicial protection of property rights: As noted above, without registration of the copyright of a computer programme, it is impossible to file a lawsuit in court for protection against infringement of property rights. This is a key reason why registration is extremely important for software developers.
Simplified proof of authorship and date of creation: A certificate of copyright registration is an official document proving your authorship and the date of creation of the software. This greatly simplifies the process of proving your rights in case of disputes, because the certificate has a presumption of authenticity. Without registration, you will have to prove authorship and date of creation by other means, which can be much more difficult and time-consuming and resource-intensive.
Public proof of rights: Copyright registration makes information about your programme and your rights to it publicly available. This can have a preventive effect, as potential infringers will be aware of your rights and the risks associated with illegal use of the programme.
Increased investment appeal: Having a registered copyright can make your software more attractive to investors, as it shows that you are serious about protecting your intellectual property and commercialising the software.
Easier licensing and contracting: A certificate of registration can make it easier to obtain licences for others to use your software, as well as contracts for software development, implementation and maintenance.

Conclusion:

Although copyright in a computer program arises automatically, registration with UKRNOIVI offers significant advantages, especially given the mandatory registration for judicial protection. It simplifies the proof of authorship, increases the level of protection against infringement and facilitates the commercialisation of software. We recommend software developers not to neglect copyright registration to ensure maximum protection of their rights and interests. Polikarpov Law Firm specialists can provide you with qualified assistance in the process of copyright registration for your computer programme.

Question 3

What is a software license agreement and what types of licenses are there? How do I choose the license that best suits my needs as a developer?

Accepted Answer

A software licence agreement is a legal document that defines the terms and conditions under which users can use the software. By entering into a licence agreement, you, as a copyright holder, grant the user the right to use your software (licence) under certain conditions, while retaining all copyrights. In essence, you are not selling the software itself, but the right to use it.

Types of licences:

Software licences can be classified according to different criteria. The most common division is between proprietary and free (Open Source ) licences:

Proprietary licences: Provide the user with limited rights to use the software, usually prohibiting its copying, modification, distribution, decompilation without the permission of the copyright holder. The developer retains full control over the software and may impose various restrictions on its use (e.g., limitations on time, number of devices, functionality). Most commercial software is distributed under proprietary licences.
Free licences (Open Source): Gives the user more freedom, allowing not only to use, but also to copy, modify and redistribute the software, often even for commercial purposes. The main condition is that the open source code and licence terms are preserved when distributing modified versions. Examples of popular free licences: GPL, MIT, Apache License, BSD.
Creative Commons: While these licences are not designed just for software, they can also be used to distribute software. They offer different combinations of terms, allowing authors to choose, for example, whether they allow commercial use of the work, whether they require attribution, whether they allow the creation of derivative works.

How to choose a licence?

The choice of licence depends on your goals and strategy:

Commercial product: If you are creating a commercial product and want to make a profit from selling it, a proprietary licence is most likely the right choice. It will allow you to retain control over the software and prevent unauthorised copying and distribution.
Community and development: if you want your application to be available to the general public, receive contributions from other developers and develop quickly, it is worth considering a free licence.
Combined approach: you can use different licences for different versions of your app. For example, the main version can be distributed under a proprietary licence, while individual modules or libraries can be distributed under a free licence.

Important considerations when choosing a licence:

Licence compatibility: If you use third-party libraries or components in your software, make sure that their licences are compatible with your software licence.
Legal advice: It is advisable to consult a lawyer specialising in intellectual property to make the right choice of licence and to draft a licence agreement.

Polikarpov Law Firm specialists provide professional legal advice on the selection and use of software licences. We will help you understand all the nuances and choose the licence that best suits your needs and protects your interests as a developer.

Question 4

What technical means can be used to protect the source code of a program from copying and unauthorized access?

Accepted Answer

Source code protection is an important task for any software developer. There are a number of techniques that can help prevent copying, unauthorised access and reverse engineering (reverse engineering) of your code. It is important to realise that there is no such thing as absolute protection, but using a combination of different techniques can make it much harder for attackers.

Technical means of source code protection:

Code obfuscation: This is one of the most common methods of protection. Obfuscation converts the source code into a form that retains its functionality but makes it much more difficult for humans to understand. This is achieved by changing variable, function and class names to obscure characters, removing comments, rearranging lines of code, etc. There are various code obfuscation tools, both paid and free, depending on the programming language and the level of complexity of the obfuscation.
Code encryption : encryption involves converting the source code into an unreadable form using cryptographic algorithms. A special key is required to decrypt the code. This method provides a higher level of protection than obfuscation, but can affect the performance of the programme and complicate its development and debugging.
Compilation into native code: Compiling source code into native code (platform-specific machine code) makes it more difficult to decompile and analyse. However, experienced attackers can still use reverse-engineering techniques to examine native code.
Executable file packaging and protection: program executables can be protected with special tools that make them difficult to analyse and modify, which may include file integrity checking, debugging protection, resource encryption, etc. Д.
Use version control systems (VCS): version control systems such as Git allow you to track changes to source code, manage access to it, and restore previous versions. This helps prevent unauthorised changes and loss of code.
Secure repositories: store source code in secure repositories with restricted access. Use strong passwords and two-factor authentication.
Licence agreements and NDAs: Legal means are also an important part of source code protection. Licence agreements and non-disclosure agreements (NDAs) clearly define the terms of use and distribution of the software and prohibit reverse engineering.

Conclusion:

Source code protection is an ongoing process that requires a complex approach. There is no single “magic” solution, but a combination of various technical and legal means can significantly increase the security level of your code and protect your intellectual rights. Polikarpov Law Firm specialists can advise you on choosing the optimal strategy for protecting your software.

Question 5

What is the liability for illegal use of a computer program in Ukraine, and where to go in case of copyright infringement?

Accepted Answer

Illegal use of a computer programme in Ukraine, like any other copyright object, entails various types of liability: civil, administrative and criminal. The type of liability depends on the gravity of the infringement and the circumstances of the case.

Types of Liability:

Civil liability:This is the main type of liability for copyright infringement. The injured party (programme owner) has the right to demand from the infringer:
- Compensation for damages: Compensation for material damage, including loss of profit.
- Comp ensation: In cases where the amount of damages is difficult to prove, the court may award compensation ranging from 10 to 50,000 minimum wages.
- Recovery of illegally obtained revenues: The infringer is obliged to return all revenues obtained due to the illegal use of the software.
- Recognition of right: The court may formally recognise the copyright of the injured party.
- Termination of infringement: Require the infringer to stop illegal use of the programme.
- Seizure and destruction of infringing copies.
Administrative liability: Provided for in the Code of Ukraine on Administrative Offences for less serious violations, such as using the software without a licence, copying and distributing counterfeit copies without the purpose of sale, and the like. Punishment may include a fine and confiscation of counterfeit products and equipment.
Criminal liability: This applies to the most serious violations that caused significant material damage, were committed repeatedly, by an organised group or with the use of official position. Punishment may include a fine, corrective labour, restriction or imprisonment. Article 176 of the Criminal Code of Ukraine describes in detail the conditions of criminal liability for copyright infringement.

Where to turn in case of copyright infringement:

To the infringer: At the initial stage, you can try to resolve the issue amicably by contacting the infringer with a written claim and demanding to stop the illegal use of the programme and reimburse the losses.
Court: If peaceful settlement is not possible, it is necessary to apply to the court with a statement of claim. For computer programmes, registration of copyright with the UKRNOIVI is a prerequisite for legal action.
To law enforcement authorities: In cases where the infringement has the characteristics of a criminal offence, a criminal complaint should be filed with the police or prosecutor’s office.
To the Ukrainian National Office of Intellectual Property and Innovation (UKRNOIVI): UKRNOIVI carries out copyright registration and can provide advice on intellectual property protection.

Important:

Collecting evidence of copyright infringement is key to successfully defending your rights. Keep all documents confirming your authorship and the fact of infringement, take screenshots, video recordings and the like.

Polikarpov Law Firm specialists provide qualified legal assistance in software copyright protection. We will help you gather evidence, prepare the necessary documents and represent your interests in court. Contact us for advice to protect your rights and get fair compensation for the violation.

Blog

Privacy settings

Manage settings

Necessary

Marketing

Personalization

Analytics