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By Dr. Manoel Antonio dos Santos *
It is undeniable that the more digitalized the modern society becomes, the greater relevance the software deserves, the main actor of this intoxicating sector, since the computer program is present in everything that involves information technology.
Currently, practically all the activities we do depend on the functioning of software. It performs essential tasks on our cell phones; manages the electric controls of steering, the steering wheel and also the engine control module of our car; permeates delivery, transportation and transit applications; it is a central figure in airports and aircraft and opens the gate of the spaces where we park.
In addition, software has become increasingly necessary in medicine, performing essential functions in resonance, ultrasound and echocardiogram exams and even in the pacemaker (which is nothing more than a microcomputer connected to the heart through wires that detect heart rate and regulate heartbeat). The software reaches us and our families in different situations - in our children's school, for example, it occupies important activities that were previously the responsibility of teachers.
Despite this growing importance, the creators of this fundamental technological invention lose almost half of the potential revenue to an “unknown” enemy: the software pirate!
In Portugal, a consistent Software Law (N ° 9,609 / 98) is in force, which ensures legal protection for fifty years, establishes high indemnities and sets prison sentences that can last up to four years of imprisonment. It is a fact, moreover, that during the twenty years of the law, ABES (Brazilian Association of Software Companies) and its partner entities (including BSA and ESA) made a serious judicial-legal-educational effort to combat this type of crime . However, despite all these joint efforts, about 40% of the software used in Brazil does not respect the copyright of the owners of these works.
Even if the law ensures protection from the date of publication (when the software is made available for use), the most guaranteed way to ensure the legal protection of the software is through registration with the INPI (National Institute of Industrial Property) - no However, it is estimated that just over 5% of the software developed in the country is registered with the Institute.
It is necessary to recognize, therefore, that entrepreneurs in the information technology sector have a significant share of responsibility for the losses that this industry bears in the face of counterfeiting, especially since they are not even concerned with requesting the legal protection that the legislation offers.
In an effort to encourage entrepreneurs to register such creations, the INPI recently created a fully digital, online and remote system for registering software. In this system, forms are completed electronically, powers of attorney and declarations required by law are signed with digital certificates and even the storage of the content that will be registered can be performed in the most appropriate and convenient way for the Right Holder (CD-ROM) , DVD, HD, or even in the cloud). It is also up to the user to decide which hash system to use to ensure the inviolability of the source code and other elements that characterize the creation.
Registration with the INPI, approved within seven working days, involves the following steps:
1. Access the INPI portal;
2. Make a registration, generating login and password;
3. Issue payment slip via GRU module;
4. Download the “DV” document and digitally sign it;
5. Pay the GRU;
6. Access and complete the electronic form e-Software;
7. Access and attach the “DV” document;
8. Submit the e-Software electronic form, when the order number will be generated.
It is interesting to add that in cases of legal actions for software breach, the responsible judges designate experts to compare the original program with that accused of plagiarism.
Thinking about this possibility, the ABES legal department advises that the file made available for the purpose of identifying the software in the registry contains, in addition to the relevant sections of the program, additional technical data, such as equipment on which it should operate, languages and visual elements used, working environment. processing, comments to the source code, names of the main files that make up the program, descriptive memorial, among others.
* Dr. Manoel Antonio dos Santos, legal director of ABES (Brazilian Association of Software Companies)
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