FEKT-TSPRAcad. year: 2017/2018
Concept and structure of software law, copyright institutes of software protection, legal issues in production of software, concept, structure and typical forms for license contracting, typical stipulations in license agreements, defect liability for software, protection of sui generis rights.
Learning outcomes of the course unit
Upon completion of the course, students should be able to understand system and structure of legal protection of software including its international externalities as well as to practically use instruments of copyright protection of computer programmes. Students should also be able to work with various forms of software license contracting and to assess validity and practical effects of standard license contracts. In addition, students will be able to practically apply sui generis protection of databases.
This course is relatively independent on other parts of the programme, so no prerequisites are required.
Recommended optional programme components
Recommended or required reading
Jansa, L., Otevřel, P. Softwarové právo, Brno: Computer Press, 2011, 344 s., EAN 9788025134580.
Maisner, M. a kol. Základy softwarového práva. Praha: Wolters Kluwer, 2011, 356 s., ISBN 978-80-7357-638-7
Planned learning activities and teaching methods
The course consists of lectures and self-study of electronically provided course materials.
Assesment methods and criteria linked to learning outcomes
The course is concluded upon 3 interactive questionnaires, whereas required is full completion of at least 2 of them.
Language of instruction
1. System of Czech, European and international intellectual property law
2. Concept of software and of computer programme, software as copyrighted work – comparison of Czech and foreign legal regulatory framework
3. Software as patentable invention
4. Software license agreements I – electronic license contracting, adhesion contracts, consumer protection
5. Software license agreements II – typical stipulations in license contracts, specialist terms, law applicable
6. Legal issues in production of software with focus on contracted production of software and work for hire
7. Liability for defects in software
8. Concept and legal qualification of free licenses, phenomenon of Free and Open Software
9. Legal issues in software as a service (SaaS) solutions
10. Specific forms of practical use of software – electronic agents, automated dispute resolution systems etc.
11. Abuse of market dominance and abuse of consumer lock-in on software market
12. Concept of sui generis rights
13. Case studies of complex problematic issues arising of legal protection of software
The course aims to particularly analyse and resolve legal issues arising from development and implementation of software namely with regards to legal protection of software and sui generis protection of databases. The course will tackle protection of software by copyrights focusing on practical problems arising of employment or contracted production of software. In addition, typical forms license agreements and standard forms of use of software will be analysed. The course will also provide for specific insight into gui generis protection of databases.
Specification of controlled education, way of implementation and compensation for absences
Study requirements will be published annually by the guarantor of the course.