APP GENEVA - IDDN General Regulations

SECTION 1. PURPOSE

The Agency for the Protection of Programs (APP) is a European association of software developers and information technology professionals, registered under sections 60 and following of the civil code. Its purpose is to defend individuals and legal entities who create computer programs, video games, software packages and any kind of digital works as well as their related studies and technical documentation.

The APP aims to facilitate resolution of disputes either through negotiated arrangements or legal proceedings to seek relief from damages suffered by the rights holder from works' infringements or fraudulent or illicit imitations, and from piracy and unfair competition.

The APP attributes to every work registered on its tables (deposit or referencement) an international identification number IDDN (Inter Deposit Digital Number).

SECTION 2. MEMBERSHIP

Membership as a depositor includes signing the membership application form delivered by the Association and a commitment to respect the Association's by-laws and general regulations. Membership is granted at the discretion of the Board. A refusal does not have to be justified and cannot provide the applicant with any ground for complaint.

SECTION 3. THE "INTERDEPOSIT" TRADEMARK

Works deposited or referenced with the APP may, for distribution purposes, bare either the trademark "Interdeposit" or the "IDDN" followed by the registration number. The rightholder is entitled to use this trademark as long as he remains a member of the APP.

SECTION 4. SUBSCRIPTION

The admission fees are

- 150 SFr individuals
- 500 SFr for legal entities

The annual membership fee is

- 300 SFr for individuals
- 1000 SFr for legal entities

The deposit fees are

- 600 SFr for each deposit
- 300 SFr for each update

The referencement fees are

- 100 SFr for individuals
- 200 SFr for legal entities

Payment of annual membership fee includes three free referencements per year.

SECTION 5. LOSS OF STATUS OF APP MEMBER

The quality as member of the association is lost either after voluntary resignation, or by striking off pronounced by the Board in case of default in payment of the annual membership fee or for serious reasons. Prior to any striking off for serious reasons, the Board affords the member the opportunity of giving explanations.

SECTION 6. ACCESS RIGHT TO THE SOURCE CODE

Lawful users of a computer program in object code can have access to the source code pursuant to applicable legislation, or in case of default by the program's creator. Access is allowed after review by APP Arbitration Commission. Access does not transfer any property rights to the user. In order to be enforceable, this article must be set forth in writing within the license agreement or give rise to a separate written agreement.

SECTION 7. ARBITRATION

In case of dispute involving the ownership of a computer program arising between two or more members, the latter agree to submit the case to an Arbitration Commission set up according to the APP's Arbitration rules. This clause does not apply to members who are unable to be part to an arbitration agreement or when the dispute has arisen before the work's registration on APP's tables. Concerning international disputes, jurisdiction is given to the Interdeposit Arbitration Centre based in Geneva.

SECTION 8. LITIGATION

The APP may advise its members in case of litigation related to author rights. The APP may require the intervention of attorneys-at-law so as to obtain judicial seizure in case of infringement or unauthorised use of the works. The investigation and seizure expenses shall be borne by the APP provided that the piracy occurred after the date of the deposit (section 10).

SECTION 9. TRIAL

In case of trial, litigation costs and attorney's fees may be borne by the APP in certain exceptional cases, if the Board sees fit to do so.

SECTION 10. DEPOSIT

The member must both provide two copies of the work on microfiches, CD-ROM or Optical Disk and fill in the "Deposit form" as well as a "Copyright claim statement". The deposit is performed by the member or a duly authorised agent (attorney, patent agent...) in APP's registered office.

A certificate attributing an IDDN and a sealed envelope "logibox" containing a copy of the work are delivered to the member or his agent who will sign APP's register as witness. The second copy is retained by the APP in a logibox.

Three kinds of deposits are available :

* D = Distribution deposit applying to works under the form disclosed to the public or marketed (data bases, multimedia products, non-textual data files, executable programs...)

* S = Deposit of works' source code under their confidential release

* C = Specific mode of the source code deposit which includes the verification of deposit's content by a third person authorised by the APP.

Possible access to the source program under section 6 is solely available under deposit of type S or C.

SECTION 11. REFERENCEMENT

Works in the process of being developed as well as their compiled versions may be registered on any media. The member or his agent must fill in the "Referencement form", specifying the medium used, as well as the "Copyright claim statement", and appears before the APP.

Referencement by mail is also available. In that case, the member places the medium into a closed envelope which must bear the member's name and address as well as the essential characteristics of the work. The envelope is then inserted into a second envelope containing the "Referencement form" and a check as payment of the applicable fees. The whole must be sent to the APP registration office by registered mail, return receipt requested. Upon receipt, the APP stamps its mark on the envelope and issues the certificate attributing an IDDN. The work is hand-delivered or returned to the member in a logibox with its certificate, by registered mail and return receipt requested.

SECTION 12. PRECAUTIONARY MEASURES

The member must take all useful precautions to protect his property rights in the program, particularly through contractual obligations entered with his clients, suppliers and associates.

SECTION 13. MISUSE OF THE "INTERDEPOSIT" TRADEMARK

Under no condition may the issuance of the IDDN or the use of the "Interdeposit" trademark be considered as a certification of the quality of any kind of work.

The APP does not warrant that the work conforms with the specifications advertised by the depositor. The APP dose not warrant that the work shall conform with its functional specifications according to the chosen combination of use, or that it will achieve the user's purpose.

Abusive use or misuse of either the IDDN or the "Interdeposit" trademark can result in the member's exclusion, upon formal notice and an opportunity to be heard, pursuant to section 5 of the present General Regulations, notwithstanding and without prejudice to any legal action which the APP might choose to take.

SECTION 14. RESEARCH

Upon request from any concerned person, the APP conducts research concerning the deposit or referencement of works on its register. The APP can give the following information :

- date of first registration and date of last update
- name and address of the rights holder.

SECTION 15. SUMMARY DESCRIPTION

At the request of a member, a summary describing the work shall be prepared setting forth rights claims, the novel features or originality of any work deposited with the APP. This summary is made available for public inspection in accordance with the conditions set forth by the Board.

SECTION 16. CONCILIATION COMMISSION

If a dispute concerning the ownership of a program arises between an employee and his employer, a Conciliation Commission may intervene and propose a negotiated settlement. The Commission is not an Arbitration Tribunal but remains bound by the strictest confidentiality. Accordingly, when a dispute is brought before the court following a failure by the parties to reach an agreement, the said parties agree not to disclose any proposal or negotiate an offer made within the Conciliation phase.

SECTION 17. ASSIGNMENT OF RIGHTS

The member undertakes to inform the APP of any assignment or transfer, in whole or in part, of its author rights.