Protection To Computer Programs Under The Brazilian Legislation

Internet transactions opened the door for a global economy but it created the need for a wide range of legislation as well. The legislation called for have two facets. In one hand, we have the regulatory legislation essential to facilitate e-commerce transactions such us digital signatures, e-contracts, intellectual property, etc. In the other hand, we have legislation that penalizes certain conducts taking place on the web (cyber-crimes laws). Latin American countries are steadily implementing e-commerce legislation. Most of these countries set their priorities regarding the laws to implement first. For instance, Brazil promptly implemented a computer program protection law in 1998 before it publish digital or electronic signature laws. Being the Latin American headquarters of major technology industries and given the country’s active import/export economy, this law was highly recommended for Brazil. This excerpt addresses the main issues considered by the Brazilian Computer Program Protection law 9,609 of 1998. This law is a mixture of rules facilitating e-commerce transactions and punishing unaccepted conducts regarding computer programs.

The following questions have been addressed in this article:

How does Law 9.609 protect computer programs in Brazil?
When the use, reproduction or change of a computer program by unauthorized parties does not constitute violation of the author’s copyrights?
What are the guarantees conferred to the users of computer programs by this law?
What are the licensing and transfer of technology rules established by law 9,906?
What are the sanctions for violation of copyrights of computer programs in Brazil?


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