Bezpecnostni Softwarova Asociace – Svaz Softwarove Ochrany: ECJ 22 Dec 2010

ECJ Intellectual property – Directive 91/250/EEC – Legal protection of computer programs – Notion of ‘expression in any form of a computer program’ – Inclusion or non-inclusion of a program’s graphic user interface – Copyright – Directive 2001/29/EC – Copyrights and related rights in the information society – Television broadcasting of a graphic user interface – Communication of a work to the public
In issue was a graphic user interface which enabled a computer user to communicate with a computer program. The question referred was whether it was protected by the Software Directive.
Held: No, it was not. It was not ‘a form of expression of a computer program’.

[2010] EUECJ C-393/09, C-393/09, ECLI:EU:C:2010:816, [2011] FSR 18, [2011] ECDR 3
Directive 91/250/EEC, Directive 2001/29/EC
OpinionBezpecnostni Softwarova Asociace – Svaz Softwarove Ochrany ECJ 14-Oct-2010
ECJ Opinion – Intellectual Property – Directive 91/250/EEC – Legal protection of computer programs – Definition of ‘all forms of expression of a computer program’ – Inclusion of the GUI program – Copyright – . .

Cited by:
CitedSAS Institute Inc v World Programming Ltd CA 21-Nov-2013
The court was asked as to the extent to which the developer of a computer program may lawfully replicate the functions of an existing computer program; and the materials that he may lawfully use for that purpose. SAS had produced a computer software . .

Lists of cited by and citing cases may be incomplete.

European, Intellectual Property

Updated: 27 December 2021; Ref: scu.542506