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Brazilian Computer Software Program Protection Act
date: 1998-02-19

1989 years 12 In January Brazil's Congress passed legislation on the protection and trade of computer programs. This method ADAPTS to the world trend, Copyright protection is adopted to protect software legally. Strictly speaking, There are no legal reasons for copyrighting software, It's out of consideration for the actual situation, For example, getting rid of it early is good "piracy" A state of disorder, In line with most countries, etc. In addition, Copyright protection software isn't perfect, though, But copyright is based on two widely accepted conventions around the world.


The act provides, The software protection period is 25 years, self-software "Date of publication" Count up. The date of publication refers to the date on which the software is made available by the author or by a third party.


The Act does not require registration or deposit of samples in order to obtain recognition and exercise rights, However, it stipulates that voluntary registration can be used as prima facie evidence in a lawsuit when a dispute arises (prima facie) . The Brazilian Patent Office is entrusted by the National Copyright Office of Brazil to manage the registration of software.


According to the Patent Office, The software applicant shall provide: 1.An application specification that adequately describes its procedures and ensures mutual identification; 2.Evidence that the applicant is the author or the legal assignee.


Registered instruction materials must be packed in special sealing bags, Sealed and deposited in the Patent Office. Each sealing bag is allowed to contain maximum 7 Page paper, exceed 7 Page to use additional sealing bag. The applicant may choose either confidential or non-confidential registration. Confidential registration is granted only for the first five years, It may be renewed every five years upon request of the applicant, But there is a renewal fee. Not many software owners have registered their programs yet, One reason is that the cost of registration is too high compared with the limited significance of registration; Another reason is that software owners are reluctant to divulge program secrets, Because the software may be released to third parties after the registration expires.

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