Copyright Registration for Software, Computer Programs and Apps

A computer program, software product, mobile application or web application can be one of the most valuable assets of an IT company, startup or other business. Code may be written by employees, freelancers or an external development team, transferred to a client, licensed to users or used as the core of a SaaS product. In each of these models, it is important not only to control access to the code, but also to have a clear legal basis showing who owns the relevant copyright and economic rights.

Under Ukrainian law, computer programs are copyright-protected works and are protected in the same legal category as literary works. Copyright arises automatically upon creation and does not depend on state registration.

However, state copyright registration for software is a useful evidentiary tool. A registration certificate may help confirm the claimed authorship and ownership position, identify the registered version of the work, and strengthen the right holder’s position in licensing, investment transactions, negotiations, cease-and-desist work and litigation.

VINCO’S Legal Company assists with copyright registration for computer programs, software, mobile and web applications, SaaS solutions, internal corporate systems and other software products in Ukraine.

Copyright protects the specific expression of a computer program. For Ukrainian state registration, the applicant submits the source text or selected fragments of the source text in a scope sufficient to identify the program, together with a description of the software.

• source code and original fragments of source code;
• an original software product to the extent that its expression is the result of creative activity;
• a new or updated software version if it contains an independently original result;
• individual software modules where they can be identified as a separate work;
• mobile, desktop or web applications with respect to their program code.

For complex IT products, a single software copyright certificate may not be enough. The product name and logo may also require trademark protection; databases, visual materials and other content may constitute separate copyright objects; and confidential technology or know-how may require contractual safeguards and trade-secret protection.

It is important to distinguish software code from the functional idea behind a product. Copyright does not create a monopoly over a business idea, a service concept, an abstract algorithm, a mathematical method, a process, a function or a technical result as such.

• the idea of creating a particular service or application;
• the business model or monetisation logic;
• a principle, method, process or concept;
• an algorithm as an abstract idea without a specific protected expression;
• the product’s functionality as such;
• the software or brand name itself, which is usually better addressed through trademark protection.

For this reason, we usually recommend a combined protection model for software: copyright + properly drafted developer agreements + trademarks + NDAs/trade secrets + other IP tools where appropriate.

• you are launching your own software product, SaaS platform or mobile application;
• the software was developed by employees, freelancers or an outsourced development team;
• you are preparing for investment, M&A, sale of the business or IP Due Diligence;
• the software is licensed to customers or transferred under commercial agreements;
• the code is a material commercial asset of the company;
• there is a risk of copying, unauthorised use or misappropriation;
• you need to demonstrate the legal ownership structure to an investor, partner or counterparty;
• you want to document a particular version of the software.

The author of a computer program is the individual whose creative activity resulted in the program or the relevant part of the code. Economic rights, however, may belong to another person or company depending on how the software was created and the contracts governing the development.

For a business, this is often the most important part of the process. Before filing, we review whether the company has a proper chain of title from the individual developers to the intended right holder.

• employment agreements and documents concerning employee-created works;
• agreements with individual contractors, freelancers and software companies;
• software development or commissioned-work agreements;
• acceptance certificates and delivery documents;
• clauses transferring economic intellectual property rights;
• licence terms and rights to third-party components;
• founders’ arrangements regarding code created before or during the startup stage.

If a company uses the software in practice but the rights-transfer documents are incomplete or defective, state registration alone does not cure that ownership risk. The contractual chain of title should be addressed first.

Yes. A mobile app may be protected by copyright with respect to its software code. At the same time, a single digital product may contain several distinct IP assets, including code, interface graphics, icons, text, photographs, video, a database, music, a name and a logo.

Accordingly, a proper protection strategy should first identify which elements belong to the company and which of them require separate protection.

Ukrainian IP Office rules allow an applicant to submit the source text or selected source-code fragments in the scope necessary to identify the computer program. The applicant decides which fragments to file and may omit or redact portions that it does not wish to disclose.

• application for state copyright registration;
• details of the author or co-authors;
• details of the applicant and right holder;
• title of the computer program;
• source text or selected source-code fragments;
• description of the computer program;
• information on creation and, where applicable, publication of the program;
• documents confirming the transfer of economic rights where the applicant is not the author;
• power of attorney where the filing is made through a representative;
• proof of payment of the applicable official fee.

No. State registration does not require public disclosure of the full repository or the complete source code of the product. Selected fragments may be filed for identification purposes. The applicant determines which parts of the code are submitted and may exclude parts containing sensitive or confidential information.

In practice, the material should be selected carefully: it should identify the software sufficiently while avoiding unnecessary disclosure of commercially sensitive code.

The Ukrainian IP Office reviews a properly filed state copyright registration application within two months from receipt of the complete and correctly prepared documents.

If the application is incomplete, contains deficiencies or raises questions regarding the submitted information, the IP Office may issue a request for corrections or additional documents. This may extend the overall time required to obtain the certificate.

1. Initial consultation and identification of the software product to be protected.
2. Review of the software structure: code, modules, design, databases, brand and other elements.
3. Identification of the author, applicant and actual right holder.
4. Review of agreements with employees, developers, contractors and outsourced teams.
5. Correction of the chain of title where necessary.
6. Preparation of the software description.
7. Preparation of source-code fragments sufficient to identify the program.
8. Preparation of the application and supporting documents.
9. Filing with the Ukrainian IP Office.
10. Communication with the IP Office and preparation of responses to requests, if any.
11. Receipt of the state copyright registration certificate.

• register copyright in a computer program, software product or application in Ukraine;
• identify the correct applicant and right holder;
• review ownership of code created by employees, founders or contractors;
• prepare documents for employee-created or commissioned software;
• prepare the software description and source-code materials;
• draft IP assignment and licence agreements;
• prepare NDAs and other confidentiality documents;
• support an IP transfer to an investor, buyer or licensee;
• prepare claims and legal positions in cases of copying or unauthorised use of software code.

VINCO’S legal fees for copyright registration support start from UAH 1,000. Official fees are paid separately and depend on the applicant’s status and the relevant filing action.

If you have created a computer program, software product, SaaS platform, mobile app or web application, the VINCO’S team can help you not only obtain a registration certificate but also structure ownership of the code as a business asset.