質問
Hello! We are a startup based in Germany. Our business model focuses on innovative, turnkey full-stack infrastructures for enterprises. One of our software products which we have been distributing for the last 8 months quite successfully seems now to have been copied by a competitor. The company in question is based in the US. They recently launched a product which appears to be more or less identical to ours. Is there anything we can do? How can we know if they actually copied our code?
回答: 3 public & 1 非公開
Hello and good morning! First of all: You have to be fast! I assume you not to have a patent as we cannot apply software for a patent in Europe.
But of course the competitor's software might be a copyright infringement; depends on their source code.
The copyrights are local, that's correct. But the USA are member of the WIPO; therefore your source code should be protected via the WCT.
You can find out whether the code is copied using a "Software-Besichtigungs-Anspruch" by German law. Does the competitor distribute its software in Germany too?
There are many topics to be cleared, so you should ask a specialized attorney. Feel free to contact us for a preliminary estimate as basis for further decisions.
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