IP/N/1/EU/C/7  
 
15 April 2013  
(13-1965)  Page: 1/9  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English/anglais/inglés  
 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND 
REGULATIONS NOTIFIED UNDER ARTICLE 63.2 
OF THE AGREEMENT 
EUROPEAN UNION 
This document reproduces the text1 of Directive 2009/24/EC of the European Parliament and of the 
Council of 23 April 2009 on the legal protection of computer programs (Codified version), as notified by the European Union on 20 Ma rch 2013 under Article 63.2 of the Agreement 
(see document IP/N/1/EU/1). 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
  
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À 
LA PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
U
NION EUROPÉENNE  
Le présent document contient le texte1 de la Directive 2009/24/CE du Parlement européen et du 
Conseil du 23 avril 2009 concernant la protection juridique des programmes d'ordinateur, notifiée par l'Union européenne le 20 mars 2013 au titre de l'article 63:2 de l'Accord (voir le document 
IP/N/1/EU/1).  
Consejo de los Aspectos de los Derechos de Propiedad Intelectual relacionados con el Comercio 
  
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
U
NIÓN EUROPEA  
En el presente documento se reproduce el texto1 de la Directiva 2009/24/CE del Parlamento 
Europeo y del Consejo, de 23 abril 2009, sobre la protección jurídica de programas de ordenador (versión codificada), notificado por la Unión Europea el 20 de marzo de 2013 en virtud de lo 
dispuesto en el párrafo 2 del artículo 63 de l Acuerdo (véase el documento IP/N/1/EU/1).  
                                               
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/EU/C/7 
 
- 2 - 
 
  PP 3-9 - Offset (Pdf file attached) 
PP 3 à 9 - Offset (fichier Pdf joint) PP 3-9 - Offset (fichero Pdf adjunto) DIRECTIVES  
DIRECTIVE 2009/24/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  
of 23 April 2009  
on the legal protection of computer programs  
(Codified version) 
(Text with EEA relevance)  
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE 
EUROPEAN UNION,  
Having regard to the Treaty establishing the European 
Community and in particular Article 95 thereof,  
Having regard to the proposal from the Commission,  
Having regard to the opinion of the European Economic and 
Social Committee (  1 ), 
Acting in accordance with the procedure laid down in 
Article 251 of the Treaty (  2 ), 
Whereas:  
(1) The content of Council Directive 91/250/EEC of 14 May 
1991 on the legal protection of computer programs (  3 ) 
has been amended (  4 ). In the interests of clarity and 
rationality the said Directive should be codified.  
(2) The development of computer programs requires the 
investment of considerable human, technical and 
financial resources while computer programs can be 
copied at a fraction of the cost needed to develop them independently.
 
(3) Computer programs are playing an increasingly 
important role in a broad range of industries and computer program technology can accordingly be 
considered as being of fundamental importance for the 
Community's industrial development.  
(4) Certain differences in the legal protection of computer 
programs offered by the laws of the Member States have 
direct and negative effects on the functioning of the 
internal market as regards computer programs.  
(5) Existing differences having such effects need to be 
removed and new ones prevented from arising, while 
differences not adversely affecting the functioning of 
the internal market to a substantial degree need not be 
removed or prevented from arising.  
(6) The Community's legal framework on the protection of 
computer programs can accordingly in the first instance be limited to establishing that Member States should 
accord protection to computer programs under 
copyright law as literary works and, further, to estab
­
lishing who and what should be protected, the 
exclusive rights on which protected persons should be 
able to rely in order to authorise or prohibit certain acts and for how long the protection should apply.
 
(7) For the purpose of this Directive, the term ‘computer 
program’ shall include programs in any form, including those which are incorporated into hardware. This term 
also includes preparatory design work leading to the 
development of a computer program provided that the nature of the preparatory work is such that a computer 
program can result from it at a later stage.
 
(8) In respect of the criteria to be applied in determining 
whether or not a computer program is an original 
work, no tests as to the qualitative or aesthetic merits 
of the program should be applied.EN L 111/16 Official Journal of the European Union 5.5.2009  
( 1 ) OJ C 204, 9.8.2008, p. 24.  
( 2 ) Opinion of the European Parliament of 17 June 2008 (not yet 
published in the Official Journal) and Council Decision of 
23 March 2009.  
( 3 ) OJ L 122, 17.5.1991, p. 42.  
( 4 ) See Annex I, Part A.
IP/N/1/EU/C/7 
        - 3 -(9) The Community is fully committed to the promotion of 
international standardisation.  
(10) The function of a computer program is to communicate 
and work together with other components of a computer 
system and with users and, for this purpose, a logical 
and, where appropriate, physical interconnection and 
interaction is required to permit all elements of software and hardware to work with other software 
and hardware and with users in all the ways in which 
they are intended to function. The parts of the program 
which provide for such interconnection and interaction 
between elements of software and hardware are generally 
known as ‘interfaces’. This functional interconnection and 
interaction is generally known as ‘interoperability’; such 
interoperability can be defined as the ability to exchange 
information and mutually to use the information which 
has been exchanged.
 
(11) For the avoidance of doubt, it has to be made clear that 
only the expression of a computer program is protected 
and that ideas and principles which underlie any element 
of a program, including those which underlie its 
interfaces, are not protected by copyright under this 
Directive. In accordance with this principle of copyright, to the extent that logic, algorithms and 
programming languages comprise ideas and principles, 
those ideas and principles are not protected under this 
Directive. In accordance with the legislation and case-law 
of the Member States and the international copyright 
conventions, the expression of those ideas and principles 
is to be protected by copyright.
 
(12) For the purposes of this Directive, the term ‘rental’ means 
the making available for use, for a limited period of time 
and for profit-making purposes, of a computer program 
or a copy thereof. This term does not include public 
lending, which, accordingly, remains outside the scope of this Directive.
 
(13) The exclusive rights of the author to prevent the 
unauthorised reproduction of his work should be 
subject to a limited exception in the case of a 
computer program to allow the reproduction technically necessary for the use of that program by the lawful 
acquirer. This means that the acts of loading and 
running necessary for the use of a copy of a program 
which has been lawfully acquired, and the act of correction of its errors, may not be prohibited by contract. In the absence of specific contractual 
provisions, including when a copy of the program has 
been sold, any other act necessary for the use of the copy of a program may be performed in accordance with its 
intended purpose by a lawful acquirer of that copy.
 (14) A person having a right to use a computer program 
should not be prevented from performing acts 
necessary to observe, study or test the functioning of 
the program, provided that those acts do not infringe 
the copyright in the program.  
(15) The unauthorised reproduction, translation, adaptation or 
transformation of the form of the code in which a copy of a computer program has been made available 
constitutes an infringement of the exclusive rights of 
the author. Nevertheless, circumstances may exist when 
such a reproduction of the code and translation of its 
form are indispensable to obtain the necessary infor
­
mation to achieve the interoperability of an indepen ­
dently created program with other programs. It has 
therefore to be considered that, in these limited circum ­
stances only, performance of the acts of reproduction and translation by or on behalf of a person having a 
right to use a copy of the program is legitimate and 
compatible with fair practice and must therefore be 
deemed not to require the authorisation of the right
­
holder. An objective of this exception is to make it 
possible to connect all components of a computer 
system, including those of different manufacturers, so 
that they can work together. Such an exception to the 
author's exclusive rights may not be used in a way which 
prejudices the legitimate interests of the rightholder or 
which conflicts with a normal exploitation of the 
program.  
(16) Protection of computer programs under copyright laws 
should be without prejudice to the application, in appro ­
priate cases, of other forms of protection. However, any 
contractual provisions contrary to the provisions of this 
Directive laid down in respect of decompilation or to the 
exceptions provided for by this Directive with regard to 
the making of a back-up copy or to observation, study or 
testing of the functioning of a program should be null 
and void.  
(17) The provisions of this Directive are without prejudice to 
the application of the competition rules under Articles 
81 and 82 of the Treaty if a dominant supplier refuses to 
make information available which is necessary for inter ­
operability as defined in this Directive.  
(18) The provisions of this Directive should be without 
prejudice to specific requirements of Community law already enacted in respect of the publication of interfaces 
in the telecommunications sector or Council Decisions relating to standardisation in the field of information 
technology and telecommunication.EN 5.5.2009 Official Journal of the European Union L 111/17
IP/N/1/EU/C/7 
        - 4 -(19) This Directive does not affect derogations provided for 
under national legislation in accordance with the Berne 
Convention on points not covered by this Directive.  
(20) This Directive should be without prejudice to the obli ­
gations of the Member States relating to the time-limits 
for transposition into national law of the Directives set 
out in Annex I, Part B,  
HAVE ADOPTED THIS DIRECTIVE:  
Article 1  
Object of protection 
1. In accordance with the provisions of this Directive, 
Member States shall protect computer programs, by copyright, 
as literary works within the meaning of the Berne Convention for the Protection of Literary and Artistic Works. For the 
purposes of this Directive, the term ‘computer programs’ shall 
include their preparatory design material.  
2. Protection in accordance with this Directive shall apply to 
the expression in any form of a computer program. Ideas and principles which underlie any element of a computer program, 
including those which underlie its interfaces, are not protected 
by copyright under this Directive.  
3. A computer program shall be protected if it is original in 
the sense that it is the author's own intellectual creation. No other criteria shall be applied to determine its eligibility for 
protection.  
4. The provisions of this Directive shall apply also to 
programs created before 1 January 1993, without prejudice to 
any acts concluded and rights acquired before that date.  
Article 2  
Authorship of computer programs  
1. The author of a computer program shall be the natural 
person or group of natural persons who has created the program or, where the legislation of the Member State 
permits, the legal person designated as the rightholder by that 
legislation.  
Where collective works are recognised by the legislation of a 
Member State, the person considered by the legislation of the 
Member State to have created the work shall be deemed to be 
its author.  
2. In respect of a computer program created by a group of 
natural persons jointly, the exclusive rights shall be owned 
jointly.  3. Where a computer program is created by an employee in 
the execution of his duties or following the instructions given 
by his employer, the employer exclusively shall be entitled to 
exercise all economic rights in the program so created, unless 
otherwise provided by contract.  
Article 3 
Beneficiaries of protection  
Protection shall be granted to all natural or legal persons eligible 
under national copyright legislation as applied to literary works.  
Article 4 
Restricted acts  
1. Subject to the provisions of Articles 5 and 6, the exclusive 
rights of the rightholder within the meaning of Article 2 shall 
include the right to do or to authorise:  
(a) the permanent or temporary reproduction of a computer 
program by any means and in any form, in part or in whole; in so far as loading, displaying, running, trans
­
mission or storage of the computer program necessitate 
such reproduction, such acts shall be subject to authoris ­
ation by the rightholder;  
(b) the translation, adaptation, arrangement and any other 
alteration of a computer program and the reproduction of the results thereof, without prejudice to the rights of the 
person who alters the program;  
(c) any form of distribution to the public, including the rental, 
of the original computer program or of copies thereof.  
2. The first sale in the Community of a copy of a program 
by the rightholder or with his consent shall exhaust the distri
­
bution right within the Community of that copy, with the 
exception of the right to control further rental of the 
program or a copy thereof.  
Article 5  
Exceptions to the restricted acts  
1. In the absence of specific contractual provisions, the acts 
referred to in points (a) and (b) of Article 4(1) shall not require 
authorisation by the rightholder where they are necessary for 
the use of the computer program by the lawful acquirer in 
accordance with its intended purpose, including for error correction.
 
2. The making of a back-up copy by a person having a right 
to use the computer program may not be prevented by contract in so far as it is necessary for that use.EN L 111/18 Official Journal of the European Union 5.5.2009
IP/N/1/EU/C/7 
        - 5 -3. The person having a right to use a copy of a computer 
program shall be entitled, without the authorisation of the right ­
holder, to observe, study or test the functioning of the program 
in order to determine the ideas and principles which underlie 
any element of the program if he does so while performing any 
of the acts of loading, displaying, running, transmitting or 
storing the program which he is entitled to do.  
Article 6  
Decompilation  
1. The authorisation of the rightholder shall not be required 
where reproduction of the code and translation of its form 
within the meaning of points (a) and (b) of Article 4(1) are indispensable to obtain the information necessary to achieve 
the interoperability of an independently created computer 
program with other programs, provided that the following 
conditions are met:  
(a) those acts are performed by the licensee or by another 
person having a right to use a copy of a program, or on 
their behalf by a person authorised to do so;  
(b) the information necessary to achieve interoperability has not 
previously been readily available to the persons referred to in point (a); and  
(c) those acts are confined to the parts of the original program 
which are necessary in order to achieve interoperability.  
2. The provisions of paragraph 1 shall not permit the infor
­
mation obtained through its application:  
(a) to be used for goals other than to achieve the interoper ­
ability of the independently created computer program;  
(b) to be given to others, except when necessary for the inter ­
operability of the independently created computer program; 
or 
(c) to be used for the development, production or marketing of 
a computer program substantially similar in its expression, or for any other act which infringes copyright.  
3. In accordance with the provisions of the Berne 
Convention for the protection of Literary and Artistic Works, 
the provisions of this Article may not be interpreted in such a 
way as to allow its application to be used in a manner which unreasonably prejudices the rightholder's legitimate interests or conflicts with a normal exploitation of the computer program.  Article 7  
Special measures of protection  
1. Without prejudice to the provisions of Articles 4, 5 and 6, 
Member States shall provide, in accordance with their national 
legislation, appropriate remedies against a person committing 
any of the following acts:  
(a) any act of putting into circulation a copy of a computer 
program knowing, or having reason to believe, that it is an 
infringing copy;  
(b) the possession, for commercial purposes, of a copy of a 
computer program knowing, or having reason to believe, 
that it is an infringing copy;  
(c) any act of putting into circulation, or the possession for 
commercial purposes of, any means the sole intended purpose of which is to facilitate the unauthorised removal 
or circumvention of any technical device which may have 
been applied to protect a computer program.  
2. Any infringing copy of a computer program shall be liable 
to seizure in accordance with the legislation of the Member 
State concerned.  
3. Member States may provide for the seizure of any means 
referred to in point (c) of paragraph 1.  
Article 8 
Continued application of other legal provisions  
The provisions of this Directive shall be without prejudice to 
any other legal provisions such as those concerning patent 
rights, trade-marks, unfair competition, trade secrets, protection 
of semi-conductor products or the law of contract.  
Any contractual provisions contrary to Article 6 or to the 
exceptions provided for in Article 5(2) and (3) shall be null and void.  
Article 9  
Communication
 
Member States shall communicate to the Commission the 
provisions of national law adopted in the field governed by 
this Directive.EN 5.5.2009 Official Journal of the European Union L 111/19
IP/N/1/EU/C/7 
        - 6 -Article 10  
Repeal  
Directive 91/250/EEC, as amended by the Directive indicated in Annex I, Part A, is repealed, without 
prejudice to the obligations of the Member States relating to the time-limits for transposition into 
national law of the Directives set out in Annex I, Part B.  
References to the repealed Directive shall be construed as references to this Directive and shall be read in 
accordance with the correlation table in Annex II.  
Article 11  
Entry into force  
This Directive shall enter into force on the 20th day following its publication in the  Official Journal of the 
European Union . 
Article 12  
Addressees 
This Directive is addressed to the Member States.  
Done at Strasbourg, 23 April 2009.  
For the European Parliament 
The President  
H.-G. PÖTTERING  For the Council 
The President  
P. NE ČASEN L 111/20 Official Journal of the European Union 5.5.2009
IP/N/1/EU/C/7 
        - 7 -ANNEX I 
PART A 
Repealed Directive with its amendment  
(referred to in Article 10)  
Council Directive 91/250/EEC 
(OJ L 122, 17.5.1991, p. 42)  
Council Directive 93/98/EEC 
(OJ L 290, 24.11.1993, p. 9)  Article 11(1) only  
PART B  
List of time-limits for transposition into national law  
(referred to in Article 10)  
Directive  Time-limit for transposition  
91/250/EEC  31 December 1992  
93/98/EEC  30 June 1995EN 5.5.2009 Official Journal of the European Union L 111/21
IP/N/1/EU/C/7 
        - 8 -ANNEX II 
Correlation table  
Directive 91/250/EEC  This Directive  
Article 1(1), (2) and (3)  Article 1(1), (2) and (3) 
Article 2(1), first sentence  Article 2(1), first subparagraph  
Article 2(1), second sentence  Article 2(1), second subparagraph  
Article 2(2) and (3)  Article 2(2) and (3) 
Article 3  Article 3 
Article 4, introductory words  Article 4(1), introductory words  
Article 4(a)  Article 4(1), point (a) 
Article 4(b)  Article 4(1), point (b) 
Article 4(c), first sentence  Article 4(1), point (c) 
Article 4(c), second sentence  Article 4(2)  
Articles 5, 6 and 7  Articles 5, 6 and 7 
Article 9(1), first sentence  Article 8, first paragraph  
Article 9(1), second sentence  Article 8, second paragraph  
Article 9(2)  Article 1(4)  
Article 10(1)  —  
Article 10(2)  Article 9 
— Article 10 
— Article 11 
Article 11  Article 12 
— Annex I 
— Annex IIEN L 111/22 Official Journal of the European Union 5.5.2009
IP/N/1/EU/C/7 
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