In today’s digital economy, software is one of the most valuable business assets. At the same time, it remains one of the most vulnerable objects of intellectual property in terms of copying and unauthorized use. 

In practice, Ukrainian courts regularly consider disputes regarding the unlawful use of software. For example, in a case concerning the use of “1C:Enterprise,” the court established the fact of using the program without a license and ordered the defendant to pay compensation and additional expenses. Similar cases demonstrate that even the mere use of unlicensed software is already sufficient grounds for liability.

That is why the question of how to properly formalize copyright for software becomes critically important for both startups and large IT companies. According to the Law of Ukraine “On Copyright and Related Rights,” copyright for software arises automatically from the moment the product is created. However, it is the registration of copyright for software that allows you to protect your property more effectively.

Below is a detailed overview of what exactly is protected, how to complete the registration procedure, and what to do in case of rights infringement.

What Exactly Is Protected in a Software Product?

Source Text and Object Code

The main protected element is the source code and object code of the program. They are recognized as the result of the author’s creative activity.

Protection applies to:

  • the structure of the code;
  • the implementation logic;
  • unique fragments of the software solution.

Preparatory Materials and Interface Design

Objects subject to protection also include:

  • technical documentation;
  • software product architecture;
  • graphical interface (UI/UX);
  • prototypes and mockups.

This means that copyright for a software product may cover a much broader scope than just the code.

What Copyright Does Not Protect: Ideas, Algorithms, Programming Languages

It is important to understand the limitations:

  • ideas and concepts;
  • mathematical algorithms;
  • principles of operation;
  • programming languages.

These elements are not covered by copyright, but they may be protected by other tools, such as trade secrets. For example, copyright applies directly to software code or interface design — that is, to the specific form of their expression. At the same time, things such as business logic, data processing algorithms, or internal technical solutions are usually not protected by copyright, but may be protected as trade secrets if the company restricts access to them and ensures their confidentiality.

Registration of Copyright for Software: Step-by-Step Guide

To complete the procedure, the following documents must be prepared:

  • an application in the prescribed form;
  • a copy of the software code, in part or in full;
  • a description of the program’s functionality;
  • documents confirming authorship;
  • a receipt confirming payment of the fee.

If copyright is transferred, a rights transfer agreement is also added.

After preparing the package of documents, the applicant applies to the authorized body — in particular, the Ukrainian National Office for Intellectual Property and Innovations (UANIPIO) — and submits an application for registration.  At this stage, the documents are accepted and undergo an initial check for completeness and compliance with the requirements. Then the authorized body conducts a more detailed review of the submitted data, including the accuracy of the information and its compliance with registration requirements. If there are no remarks, the information is entered into the State Register. The final stage is the preparation and issuance of a registration certificate to the applicant, confirming the official acquisition of the relevant status or rights.

Timeframe and Cost of Obtaining a Certificate

On average:

  • review period: 2–3 months;
  • the cost depends on the type of applicant and starts from UAH 2,500 for an individual and from UAH 4,000 for a legal entity.

Having a registration certificate significantly strengthens your position in court disputes and in protection against piracy. 

Ways to Protect a Software Product Without Registration

Even without formal registration, there are effective ways to protect software:

  • Recording the date of code creation through repositories and Git — using services such as GitHub or GitLab allows you to store the history of code changes with exact dates. This can confirm when the program was created or modified. 
  • Signing NDAs, or non-disclosure agreements — this is an agreement signed with developers, contractors, or partners. It prohibits them from transferring or using your code without permission. 
  • Using license agreements — a document that defines exactly how others may use your software product, for example, prohibiting copying or use without payment.
  • Preserving the development history — this means storing all project versions, code drafts, comments, and changes. This helps show how the product was created and who participated in its development, which may serve as proof of authorship in disputes.
  • Code deposit — this means transferring a copy of the source code for safekeeping to a specialized organization or service that records the date it was received. For example, in Ukraine, this function may be performed by the Ukrainian National Office for Intellectual Property and Innovations (UANIPIO), as well as private services such as WIPO PROOF by the World Intellectual Property Organization, which allows the fact that a file existed on a specific date to be recorded. In the event of a dispute, this may serve as official evidence that the code existed with you at a certain point in time.

These tools help confirm authorship and provide basic protection against piracy.

Who Owns the Rights: the Developer or the Company?

The issue of rights allocation is critically important in the IT sector.

Possible scenarios:

  • if the program was created independently, the rights belong to the author;
  • if the development was carried out within an employment relationship, economic and moral rights may belong to the employer;
  • in the case of outsourcing, the contract is decisive.

To avoid disputes, the following points should be clearly specified in the registration documents:

  • terms of rights transfer, in full or in part;
  • scope of use: only for internal use, with the right to copy, for distribution, and so on;
  • territory of validity: only in Ukraine, in EU countries, worldwide, and so on;
  • term: one year, 5 years, 10 years, and so on. 

This is where an experienced IT lawyer is often needed.

What to Do If Your Software Has Been Stolen?

In case of rights infringement, it is recommended to act step by step:

  1. Record the fact of infringement — take screenshots, save the code, and document the use of the product. Such infringements are most often discovered in open sources: on competitors’ websites, in mobile applications, public repositories such as GitHub, marketplaces, or even in products of former contractors or employees. Therefore, it is important not only to record the fact itself, but also to save the source link, the access date, and, if possible, technical evidence, such as code fragments or repeated functionality.
  3. Contact the infringer — send a written claim demanding that they stop using the software.
  4. Involve a lawyer — prepare a legal position and evidence base.
  5. File complaints or a lawsuit in court.
  6. Demand:
  • compensation;
  • cessation of the infringement;
  • damages.

Having a registered right significantly simplifies protection.

To summarize, copyright for software is a key tool for protecting IT products in Ukraine. Although it arises automatically, registration of copyright for software provides additional legal guarantees.

A comprehensive approach — registration, contractual formalization, and technical measures — makes it possible to effectively protect copyright for a software product and minimize the risks of copying.