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Claiming software infringement, in relation to software developed 10 years earlier and based on an APP filing made just before filing the lawsuit… MAKE OR BREAK❓
👎 Before the Paris Court of Justice, it’s a BREAK!
The background? One bank accuses another of reproducing and exploiting, without authorization, its mobile payment software, the result of several years of development. It is seeking several million euros based on copyright infringement and, in the alternative, unfair competition.
⚖️ Verdict?
On copyright infringement: the court found that the source code submitted by the plaintiff was registered with the APP (Agence pour la Protection des Programmes) in June 2024… that is, 10 years after the alleged creation date. Under these circumstances, it was impossible to determine whether the code in question actually corresponded to the 2014 software. Consequence: Since the claimed work could not be identified with certainty, the court did not proceed to examine the merits of copyright protection.
Regarding free-riding: the features cited (transfers, balance inquiries, mobile payments, etc.) were deemed commonplace and common to all banking apps. In the absence of an individualized economic value, the claim for free-riding was dismissed.
💡Good habits to implement? Do not wait until you identify a competitor to gather your evidence. A late filing proves nothing. Document and time-stamp your creations as you develop them: APP filing, blockchain, Soleau enveloppe… These tools exist precisely to anchor your creations and developments in time.
ℹ️ Commented Decision: Paris Court of Appeal, 3rd Chamber, 1st Section, June 25, 2026, No. 23 14454
#IntellectualProperty #AI #Software #Copyright #Infringement #Free-Riding #Evidence #Blockchain