Software, AI and copyright protection

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IP services / Software, AI and copyright protection

HORAK · INTELLECTUAL PROPERTY

Software, AI and copyright protection

Protect software and digital products through the appropriate combination of copyright, technical patents, contracts and confidential know-how. We assess ownership, development arrangements and infringement risks at the product level.

Separate the protectable elements

Copyright can protect qualifying code and other original expression without a German registration. It does not give a monopoly over an abstract idea or functionality. Computer-implemented inventions may be patentable when the applicable technical requirements are satisfied; software as such is not enough.

Secure the rights before release

Employee, contractor and collaborative development arrangements require different treatment. We review the chain of rights, licence scope, third-party components and open-source obligations. Access to a repository is not proof that a company owns all exploitation rights.

Assess AI inputs and outputs carefully

AI projects raise questions about training materials, output similarity, confidentiality and the human contribution to protectable work. An AI-generated result should not automatically be assumed to enjoy copyright protection. Technical patentability and inventorship need a separate analysis.

Three practical examples

Illustrative situations; outcomes depend on the facts and the applicable law.

01

A start-up outsources its application: we review whether the contract covers modification, sublicensing and transfer.

02

A manufacturer develops an AI-based control system: the patent analysis focuses on its technical contribution.

03

A business finds copied software: version records and development history help establish ownership and the alleged copying.

What to prepare

Development contracts, repository history, component and licence lists, system architecture and details of disputed content.

How we approach your matter

01 · Assess

We identify the objective, the relevant rights and the next deadline. Existing documents and the technical or commercial background determine the scope of the review.

02 · Agree

We explain the available routes, material risks and expected stages. The instruction distinguishes professional fees from official charges, translations and external costs.

03 · Act

We carry out the agreed work, report material developments and identify the next decision. Filing, registration or a particular dispute outcome cannot be guaranteed.

Further information

Official guidance relevant to this topic. Individual advice requires a review of the particular documents, facts and deadlines.

International filing strategy · Portfolio review · IP disputes

Discuss the next step

Tell us what you want to protect, the markets involved and any filing, launch or response deadline. We will clarify the scope of the instruction, the documents needed and the basis of the fees before starting the agreed work. Please identify the parties first so that we can check for conflicts and arrange a suitable channel for sensitive technical information.

Hannover headquarters · Advice for German and international businesses · Our offices

Enquire about software, AI and copyright

Describe the software, AI project or copyrighted material involved. Tell us whether your question concerns protection, licences, ownership or a dispute so we can direct the review to the relevant issue. All fields are optional.

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