The Agence de Protection des Programmes (APP) supports its members in protecting software, mobile applications, databases, websites and strategic data.
The arrival of Philippe Thomas as President of the APP heralds a cycle of modernization and diversification of the services already offered by the association. This article is the fruit of an interview with Philippe Thomas, whom the YesMyPatent team would like to thank for his presentation of the association and the benefits it offers its members.
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The APP, in brief :
The Agence de la Protection des Programmes has 3,500 members. It offers support for companies and individuals through its online platform for filing digital creations, or with its sworn agents for receiving physical filings. The online platform also enables members to manage their escrow contracts and portfolio of deposited creations. The APP offers a deposit verification service for Escrow Agreement beneficiaries who so wish. APP servers are administered exclusively in France. Deposits received are hashed (a digital fingerprint is created) and encrypted with an asymmetrical key for total protection and a guarantee of file integrity and anteriority.
The legal evidence filed with the APP is recognized in the industry, and valued by investors and tech professionals. The association can also take legal action on behalf of its members to defend their rights.
More information on APP.
And for protection abroad? Vaultinum also offers a digital deposit system with servers in Switzerland.
Philippe Thomas appointed APP Chairman
After a brilliant career in the Fintech sector, particularly abroad (New York, Hong Kong, Sydney, Brussels…), Philippe Thomas returned to France two years ago. It quickly became apparent that entrepreneurs in France are less familiar with protecting intellectual property (IP), as is the case in the United States, for example, during the product development phase. A better understanding of industrial property is essential if we are to protect companies more effectively and thus encourage innovation in France. His appointment as Chairman of the Agence de Protection des Programmes marks the start of a project to modernize and internationalize the association, with a team at the service of its members.
Future developments for even more comprehensive services
APP plans to expand its services in 4 main areas. The aim is to further improve support for members, whether they are innovative companies or independent developers.
1 – New services
The Agence de Protection des Programmes is not a firm of industrial property attorneys, but works in collaboration with them, as well as with IP/IT attorneys. It is, however, in a position to carry out assessments, and to help members protect their ideas by directing them to the right professionals, depending on the issues at stake. In addition to protecting digital creations, the APP directs members to the best advisors for a strategic vision of their industrial property protection.
2 – Developing a partner network
The development of a partner network is a sine qua non for referring members to expert professionals.
3 – An agency offer
Thanks to partnerships with patent attorneys and lawyers, these industrial property professionals can support and represent members in their projects and in the defense of their interests.
4 – Education
Raising members’ awareness of IP strategies will enable better protection of digital creations. It is in the interest of members, whether young engineers or small innovative companies, to become aware as soon as possible of what is possible to protect their rights, so as not to be outdone by structures with large amounts of capital and more advanced strategies.
Open source or not open source? That’s the question!
Open source creation has many advantages in the development phase. However, creators are not always aware of the commitments involved in taking over open source elements. Depending on the license on which the part of the source code used depends. Copyleft requires that the creation enabled by this source code retains the same license. Thus, a company that enhances a copyleft-licensed source code will not be able to restrict the use of its new digital creation. For Philippe Thomas, the lack of information about open source and its true uses is a “typical case” that needs to be addressed. With this in mind, the APP is offering, via its sister organization Vaultinum, the possibility of online self-certification with the KYS (Know Your Software) tool, which will enable you to assess the risks associated with open source software, as well as the use of best practices.
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What do you need to register to protect your digital creations?
Software and source code are protected by copyright. While it is indeed possible in many cases to protect a computer -implemented process by patent , the probative deposit with its timestamp is one of the procedures that enable you to protect your interests and computer programs that would not otherwise be patentable. The aim is to create proof of anteriority that you can rely on in the event of litigation.
Pro tip: Philippe Thomas recommends ” registering both the source code and the accompanying technical documentation “. In the event of a change in the source code by a third party wishing to exploit your creation, the identification of the infringement is left to the discretion of the judge and the expert, and the documentation will contribute to a better establishment of the proof.
In addition to timely filing, anticipating the departure of developers, particularly freelancers or interns, is a prerequisite for protecting a company’s digital creations. To this end, you should draw up a copyright assignment contract, to ensure that the developer’s creations cannot be exploited without your agreement.
Did you know?
To obtain a research tax credit, which can finance the fees of an Industrial Property Attorney, you need to provide the tax authorities with proof of your innovative activities. Patent and APP filings can serve as proof.