IP case law Court of Justice

Computer programs Directive

Directive 2009/24/EC of of 23 April 2009 on the legal protection of computer programs
(Previously : Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs)

3 categories

Concept of 'expression of a computer '

Article 1.2. Protection in accordance with this Directive shall apply to the expression in any form of a computer program. Ideas and principles which underlie any element of a computer program, including those which underlie its interfaces, are not protected by copyright under this Directive.

Exhaustion

Article 4.2. The first sale in the Community of a copy of a program by the rightholder or with his consent shall exhaust the distri­bution right within the Community of that copy, with the
exception of the right to control further rental of the program or a copy thereof.

Exceptions to the restricted acts

Article 5.3. 3. The person having a right to use a copy of a computer program shall be entitled, without the authorisation of the right­ holder, to observe, study or test the functioning of the program in order to determine the ideas and principles which underlie any element of the program if he does so while performing any of the acts of loading, displaying, running, transmitting or storing the program which he is entitled to do.



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