SaaS Agreements – IPR – Software Patents

The issue of software patents has recently been highlighted by a proposal to change German patent and copyright law. The proposal recommends preventing computer software being registered as a patent, arguing that computer software should only be protected using copyright law, as this is sufficient to protect a software developer’s rights. In light of the current German proposal, below is a brief summary of patent and copyright law in relation to SaaS software in the UK, Germany and non-EU countries.

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SaaS Agreements – FAQs – IPR and Intellectual Property

When negotiating a SaaS agreement you will come across the term intellectual property, IPR or intellectual property rights. It is important to protect your IPRs in the SaaS agreement to prevent any transfer of ownership in your IPRs and to limit the use of your IPRs by a SaaS customer.

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SaaS Agreements – Software – Copyright Protection

The Advocate General ruled that the functionalities of software are simply “the service which the user expects” from the computer programme. For example, when using software to book an airline ticket the functionalities of the booking process will be the same regardless of which company’s software you use. Such services cannot be protected by copyright. However, what can be protected by copyright, is the means by which the functionalities are achieved as this reflects the author’s own intellectual creation. Protection will depend upon the degree of originality in the writing of the software.

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SaaS, ASP Agreements – FAQs – Software Licence

The software licence to be included in a SaaS agreement is very different from the standard software licence found in non-SaaS agreements for the following reasons. Access to the software is provided together with support and maintenance services. Without support and maintenance there can be no licence and vice versa. This is because the customer has no copy (physical or intangible) of the source code or object code. The software is installed on the supplier’s server and accessed by the customer via the Internet.

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General By using this website you agree to be legally bound by these terms of use, as they may be modified and posted on this website from time to time. If you do not wish to be bound by these terms of use you may not use this website. This

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Office Location Irene Bodle Bodle Law Woerther Str. 7 10435 Berlin Germany Contact Details T: +49 30 6950 3325 E: info@bodlelaw.com W: www.bodlelaw.com Legal Status and Form Bodle Law is a German law firm, registered in Germany. Bodle Law is operated by Irene Bodle, an English solicitor and sole practitioner

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