Software

07 Mar 2022

What is software?

Whereas software used to support hardware (machines), it is increasingly becoming crucial to allow entire chains to function. These chains depend on the proper functioning of the software. We can therefore help to make agreements with the programmer. Or if a customer wants to tinker with the software's source code (by himself) or build on the existing software. We also answer your software-related questions. For example, how should you deal with a software crash that prevents your company from running for a day? Who pays for the damage?

Smart manufacturing

Software also plays a crucial role in smart manufacturing. For technological developments such as robotics, artificial intelligence, Internet of Things, blockchain and additive manufacturing (3D printing), software is very important.

In smart manufacturing (industry 4.0), software must enable the exchange of data between all parties in the entire value chain. From producer to end-user. This means that parties must open their doors to each other and start working together in one ecosystem. Parties will have to give each other access to each other's systems and data. In that context, parties must share data and new data will be generated (together).

All this raises new (legal) questions about software and data. Because legally no one can be the owner of data, parties must make agreements about the use of data. Without detracting from the opportunities that cooperation in such an ecosystem offers, agreements will also have to be made, for example, about who may do what with data, for how long, in what way and what must happen when the cooperation ends (exit).

In practice

Software may be protected by an intellectual property right (e.g. copyright or a patent). The holder of an IP right will want to exploit it and protect it against infringers. We regularly assist clients who have been visited by a bailiff who has come to seize software. The Business Software Alliance (BSA) then claims that the company has insufficient software licences.

Our specialists can help you with the following topics:

  • Review and drafting of agreements such as software development, software license, data sharing, Software as a Service (SaaS), Data as a Service (DaaS), manufacturing agreements, consortium agreements, cooperation agreements, etc.;
  • Advising on protection options for software and concepts;
  • Acting on infringements of intellectual property rights on software;
  • Assisting clients who have had a raid and are said to have insufficient software licences.

Do you have any questions in this area? Then contact us without obligation.

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