Software protection in Spain: Intellectual property registry, notarial deposits and qualified time stamps.

According to the Ametic 2022 Digital Economy Barometer, the digital technology sector already accounts for 22% of Spanish GDP. Software is an important component of this growth, but companies do not always allocate sufficient and appropriate resources to protect it. However, software protection is simple and cost-effective if you know how to do it. Let's break it down.

1. How is software protected in Spain?

In Spain, software is protected under intellectual property law, simply by the fact of its creation, without the need for registration or any other formalities. The only requirement is that it must be'''original'' in the sense that it is not a copy of a previous program. Computer-implemented inventions can sometimes be patented, but these are rare cases that require the invention to solve a technical problem in an inventive form. For example, control programs, although complex, are excluded.

2. What elements of software can be protected?

It is very important to consider what protection intellectual property law gives to software. For example, if the originality requirement is met, source code, object code, user manuals, graphical interfaces, etc.

4. What must be done to register the software with the Intellectual Property Registry?

The application for registration must be submitted by the author himself or by an authorized representative.''Formalities may vary depending on the registry we apply to, but generally we must provide the following data and documents:

• Document proving the identity of the owner or owners of the intellectual property rights of the software;
• Document proving the identity of the registrant (if different from the owner);
• If the applicant is a legal entity, document confirming its legal status and state registration number;
• Disclosure date of the software, i.e. the date of the beginning of its commercialization (if it was disclosed before the application for registration);
• Name of the software;
• Full Source''code;
• Executable program file;
• A note containing a brief description of the program (optional), including, for example, programming language, operating environment, file list, flowcharts, etc.;
• Mandatory deposit number (if any);
• Confirmation of payment of fees;

5. Are there other ways to help protect the software?

Yes.As we mentioned earlier, software protection does not require formalities because the constitutive fact is the creation of the original program. However, it is important to have means to help us prove that we are the creators of that program. One of the most common ways is to keep a copy