Interoperability

Interoperability is the ability of software or systems to exchange information and mutually use the information exchanged. It requires knowledge of interfaces, data formats and protocols. Intellectual property law favours it through exceptions to the author’s monopoly, while protecting publishers’ investment. Interoperability is also an objective of competition rules and of European digital regulations.

Interoperability and software copyright

First, the ideas and principles underlying interfaces are not protected by copyright, only their expression is. Next, Article L. 122-6-1 of the Intellectual Property Code authorises decompilation where it is indispensable to obtain the information necessary for the interoperability of independently created software, provided that this information is not already readily available and that decompilation is confined to the necessary parts. Finally, the information obtained may only be used for that purpose and may not be communicated or used to develop substantially similar software. The texts can be consulted on Légifrance.

Interoperability, patents and regulation

Interfaces and protocols may be covered by patents, in particular in standardised technologies. The holder of a essential patent for a standard who has undertaken to grant licences on fair, reasonable and non-discriminatory terms cannot refuse access to its technology to a competitor wishing to comply with the standard. Competition law sanctions the abusive refusal by a dominant undertaking to supply interoperability information. The European regulations on digital markets and on data also impose interoperability obligations on certain players.

Key points

In practice, interoperability is a contractual issue before being a litigation issue. The development agreements, the SaaS agreements and exit clauses must provide for documentation of interfaces and formats. The firm advises on these issues and acts in disputes where interoperability is raised as a defence to an infringement action, as presented on the page contracts.