Czech

Not applicable.

Právnická fakulta (PF MU)

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.

Not applicable.

The course consists of lectures and self-study of electronically provided course materials.

The course is concluded upon 3 interactive questionnaires, whereas required is full completion of at least 2 of them.

Outline:
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

Not applicable.

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.

Study requirements will be published annually by the guarantor of the course.

Not applicable.

Not applicable.

MYŠKA, Matěj a Jan TOMÍŠEK. Práva k datům a software. In Radim Polčák a kol. Právo informačních technologií. 1. vyd. Praha: Wolters Kluwer, 2018. s. 113-211. Právní monografie. ISBN 978-80-7598-045-8.

JANSA, Lukáš, Petr OTEVŘEL a Martin ŠTEVKO. Softwarové právo. 3. aktualizované a rozšířené vydání. Brno: Computer Press, 2018. ISBN 978-80-251-4914-0.