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Doctrine
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RIDA 252 | 04-2017
Doctrine
Originality of software works
PELLEGRINI, François
252-D2_ENA A
Start of the article :
In lawsuits concerning software, the prior test of the software’s originality conducted by the court is not relevant. Apart from the fact that it leads to a reversal of the burden of proof, it often relates to the software’s functionalities and then enlists the criteria of novelty, inventive step and merit, all of which are contrary to literary and artistic property law. This article considers the concepts of originality, novelty and common pool in relation to software works and proposes a methodology for the analysis of infringement suits.