In the absence of this formality, such agreements would have no effect. Further, they shall be executed in writing, on an onerous basis and for a period of no more than ten years. In accordance with the current rules, any contractual stipulation referring especially to global provisions on future production or commitments not to produce, even if for a limited period, are deemed to be null and void. It is interesting and important to make some comments on the new rules related to software and databases, which are now protected under Decision 351 of the Cartagena Agreement Commission. Pursuant to the terms of such Decision, software is understood to be a set of instructions by means of words, codes, plans or other elements which, upon its incorporation in an automated reading device, can cause a computer to perform a certain task or can produce a certain result.
Software also comprises technical documentation and operating instructions.
Software is protected under the same terms as literary works. Such protection covers both operation and application programs, whether through source codes or target codes. Databases are protected, provided the selection or arrangement of subjects shall constitute an intellectual creation. Protection does not cover the data or information compiled, but only such rights to the works or subjects which compose them as may remain in effect.