Definition

Software protection covers the legal and technical measures that enable a software publisher to defend its software as an IP asset. Under French and European law, source code is protected by copyright as soon as it is created, with no prior formality.

Legal levers

• Copyright: automatic protection of code, interfaces and documentation
• Software patent: available in some jurisdictions (USA, parts of Asia) for technical inventions implemented by computer
• Trademark: filing of the software’s name and logo
• Trade secret: protection of unpublished code and know-how
• Time-stamped deposit: dated proof of prior art

Technical levers

• Encryption, code signing, obfuscation
• Licence management (keys, DRM, SaaS contracts)
• Clear terms of use and assignment of rights
• Cybersecurity policy to prevent leaks and code theft

Best practices

Protection starts at the design phase: clauses in employment and service contracts, careful handling of open source contributions, version traceability, registration of associated trademarks. An IP management tool centralises evidence and contracts.