Arranges for the Protection of the Programs

The Agence for the Protection of the Programs (APP) is a French organization of defense of the author S of Logiciels and originators in technology information.

Presentation

The APP was created in 1982 by Daniel Duthil. It is about a Association which represents and defends the interests of the authors of Logiciels. It developed various procedures of setting under sequestration allowing them préconstituer the Preuve of their rights.

It also has sworn in agents which are authorized to lend Serment by Arrêté S of the Ministère of the Culture. They are qualified to note very reached with the rights of the author S, and in particular of the authors of Logiciel S or of the producers of Databases. The official reports resulting from these observations are recognized and taken into account by the Tribunaux which recognize an important conclusive force to them.

Setting under sequestration

The APP envisages 4 procedures of setting under sequestration for its members: referencing, the deposit of the sources, the deposit of diffusion and the controlled deposit.

Referencing

A referencing makes it possible an author to give a unquestionable Date to its numeric work and thus to prove the anteriority of its rights of Intellectual property in the event of litige.
the APP puts the numerical support which contains creation in question in an envelope sealed called logibox and emits a certificate indicating the number IDDN under which from now on work is identified. The logibox is preserved by the member.

The APP indicates that it is possible to refer Computer programs (Source code or achievable version), their documentation of use, as well as the preparatory documents, but also, any work or document with the numerical format like Textes, Musique, Vidéos or of the Databases.

Deposit of the sources

Just like referencing, the deposit of the sources makes it possible an author to prove the anteriority of its rights of Intellectual property on a work numérique.
Cependant, this procedure requires that the member give two numerical supports identical to the APP so that it can carry out two settings under seals. A logibox will be given to the member with the certificate IDDN. Another will be preserved by the APP.

The interest of this procedure is double: on the one hand, it guarantees more safety as for the conservation of the seals. In addition, the member can envisage by contract an access to the sources in the event of failure of his share with a user starting from the specimen preserved by the APP. It is about a commercial Argument extremely, the perenniality of the Logiciel being thus guaranteed.

The APP indicates that she understands by sources: data-processing source program, preparatory materials, files of analysis and design, scenario etc…
Les materials which can be deposited are the same ones as for referencing.

Deposit of diffusion

It is about a deposit in double specimen of the version of work intended to be diffused with the public. The APP will preserve a seal and another will give from there to the member. This one not having provided the Source codes, no access to the latter could be envisaged starting from a deposit of diffusion.

Controlled deposit

The contôlé deposit is generally required by a user to check that the sources deposited by its Fournisseur at the APP correspond to the program which is installed on its stations. This checking is carried out by a sworn in agent of the APP. The controlled deposit generally takes place within the framework of a convention of entiercement. It is about a contract which gives access to the sources when certain conditions are filled.

Access to the sources

The deposit of the sources at the APP makes it possible the Fournisseur S to envisage by contract an access to the sources for their user S in the event of failure of their share, or defect of maintenance. This access cannot take place that if it were envisaged beforehand by contract. Two procedures are possible:
- is the two parts insert in the license agreement a clause of access to the sources by referring to the general payment of APP
- is the Fournisseur, the user and the APP signs a convention of entiercement which arranges this accès.
This possibity to envisage an access to the sources by contract is a commercial argument very extremely which reassures the futures user S on the perenniality of their investment.

See too

External bonds

The site of the Agency for the Protection of Programmes
Site publishing of the decisions which are based on reports APP

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