Software or Application Layout Registration
Protect Your Business Right Now
What is it?
You don’t need to work in the IT sector to know that technology companies are among the most valuable on the planet. But what you may not even realize is that Brazil is among the 10 largest software and service creation markets in the world. That’s right! Today, we have more than 21,000 companies dedicated to the development, production, distribution and provision of services in this segment.
However, there is another impressive number: considering only companies that operate in software development and production, around 95.3% are micro and small businesses. And why is this so impressive? Because these are companies that were created to develop applications or systems on an industrial scale and, often, do not realize the importance of protecting their greatest asset: the original idea of what is their main product.
It doesn’t matter if you’ve developed a traditional system, an application for TV, tablets, cell phones, or a new service to interact with IoT (Internet of Things) devices. Whatever system you’re working on, if there’s a set of codes written in some programming language, it can (and should!) be protected.
How? Well, this is where VILAGE’s team of experts can make all the difference. There are several ways to do this. The first is through Software Registration – the fastest and most unrestricted registration there is.
But in addition to this, it is possible to make a Software or Application Layout Registration, a type of registration that is not focused on the program itself, but on the screens presented, aiming to protect this part of the creation as well. But let’s explain this better, stay tuned!
How does it work?
First, let’s get to the theory! Software is seen as a human creation and, therefore, is considered a copyright worldwide thanks to the international TRIPS agreement, signed in 1994.
In Brazil, these guidelines are defined by the Copyright Law (Law No. 9,610/98), which, together with the complementary law known as the Software Law (Law No. 9,609), defines all rights and duties relating to computer programs, in addition to those responsible for their registration.
Now that you understand what it’s all about, you also need to know that there are two important and complementary types of registration when it comes to protecting your software or application:
- Software Registration: which secures the source code, that is, the system language, preventing third parties from copying it; and
- Layout Registration: which protects the displayed screens and the creation of your program’s layout.
Now protected with Layout Registration
When we talk about design, we invariably think of drawing and illustration. The cover of an album. The style of a piece of furniture. Even eyebrows – everything has design nowadays. So sometimes it’s hard to understand exactly what the function of design is, after all.
To make it clear, let’s think about the following: imagine a package of pasta. It could be a beautiful, colorful package, the kind that catches your eye when you see it on the supermarket shelf. That’s not design – it’s just the design of the package. But if it was designed to be different from the others on the market, such as a cardboard box in the shape of the Leaning Tower of Pisa (which resembles Italy), then that’s design.
The same goes for software or application design. All illustrations, graphic elements and visuals that make up the design of such a system are intended to help the user have the best possible experience. Everything is designed so that the language intuitively meets the needs it intends to fulfill.
When it comes to software or application design, aesthetics and appearance are not only important for visual purposes, but are also a necessary and fundamental feature for perfect navigation and usability, according to what was planned. And that is exactly why Software or Application Layout Registration is so important.
Benefits of registration
Layout or design protection: ensures that the screens, layout and design presented cannot be replicated or copied without authorization.
International validity (192 countries) of the registration. The Copyright Law protects your work everywhere. This makes it much easier to prove plagiarism and claim your rights.
There is no renewal fee: the registration is valid for the author’s entire life and for 70 years after his death.
The process is simplified and less bureaucratic, with the certificate being delivered in a short space of time.
It is completely safe, therefore impossible to counterfeit.
It protects moral rights (rights linked to the author’s personality) and patrimonial rights (which refer to the economic use of the work) with complete clarity.
Defend your rights
In the same way that technology has allowed the creation of thousands of companies dedicated to creating software and applications, it has also opened space for plagiarism and copies of graphic projects and system designs that took years to be improved and designed by real professionals.
When this happens, if you are already protected by the Software and Application Layout Registry, you have access to an essential protection mechanism to prove ownership, that is, from the authorship to the creation of the program. With this registry, you can defend all your rights against third-party actions, such as:
- Unauthorized copies;
- Misuse;
- Piracy;
- Appropriation and alteration without authorization.
How to take the first step?
In Brazil, the body responsible for checking the Software or Application Layout Registration is the National Library Foundation (FBN).
The easiest way to apply for this type of registration is to rely on the support of a specialist. Firstly, because this professional has the knowledge, technique and skills necessary to ensure that all stages of the registration request are carried out correctly.
This ensures that you save time: by relying on a professional, you eliminate errors that could occur throughout the process and reduce waiting time and additional expenses.
And of course, while all this is happening, you don’t need to worry about the bureaucracy that can consume your time, leaving you free to take care of strategic activities for your business.
Frequently Asked Questions
This type of registration guarantees protection in relation to the creation of screens, layout and design presented in a software or application. With this registration, you prevent third parties from making copies of this layout without authorization, improperly using graphic elements of the system, promoting piracy and prevent the unauthorized appropriation and alteration of this material.
No. Layout Registration will protect the screens displayed and the creation of your program’s layout. Software registration ensures the right to the source code, that is, the system language, preventing third parties from copying it. However, they are complementary and essential to protect your software or application.
No. Software Layout Registration is an exclusive protection for the creation of screens, layout and design presented in a software or application. To protect the functionality of the software, that is, to prevent third parties from developing or creating programs for the same functionality, a Software Patent is required. The patent is a guarantee that only the holder may commercialize, produce, distribute or import the invention, and may even prevent anyone else from doing so. This guarantee is valid for a specific period, usually 20 years. After the expiration of the Letter Patent, the invention acquires “public domain” status and anyone may produce or commercialize the invention.
In Brazil, the agency responsible for verifying this registration is the National Institute of Industrial Property (INPI). However, it is best for anyone interested in registering to seek the help of a specialist to complete all the necessary procedures.
Once granted, the protection period begins on January 1st of the year following publication, or from its creation.
No, it is not mandatory. However, without it, the creation of screens, layout and design presented in a software or application are exposed to unauthorized copying; misuse; piracy; appropriation and alteration without permission.