Computer Software

– Law No. 18(1)/1993 of May 7, 1993, amending the Copyright Laws 59 of 1976 and 63 of 1977, in force since January 1, 1994.

Membership in International Conventions

– Berne Convention for the Protection of Literary and Artistic Works, ratified by Law No. 86/1979; party since February 24, 1964.

Provisions of the Law

The new law extends the definition of “literary work” to cover “computer software”. It is further provided that no copyright shall subsist in a literary, musical or artistic work unless it is of an original character and has been reduced to writing, recorded in any way by electronic or other means, or otherwise reduced to some material form.

Also, “adaptation” of a literary work which is considered as a right belonging to the copyright owner, includes “translation, and in relation to computer software the translation also includes the form of the program in which it is converted from or into a computer language or code other than that which is coincidental to the operation of the program”.

The duration of protection of a literary work, which includes computer software, is fifty years from the death of the author.

Registration: no registration of copyright (or of computer software) is possible.

Infringement of copyright of computer software is actionable at the instance of the owner of the copyright, and if he is successful, he may obtain an injunction and damages and the defendant may also be obliged to deliver all infringing copies.