Swedish Court requests CJEU to clarify meaning of 'preparatory design material' and 'employee' within Software Directive

Y owned a share in Dacom Ltd, a company in Sweden of which he subsequently was the sole owner between 2007-2011. Informed Portfolio Management (IPM) is a Swedish company that deals with capital management. In 2003, Y entered into a contract with IPM under which it was agreed that IPM would employ Y. The employment would commence later that year and Y would also be granted partnership in IPM’s parent company.Throughout Y’s employment with IPM a specific type of computer program was developed for the purpose of capital management. A first version of that program was subsequently published in 2010.Note: A core question regarding the reference for preliminary ruling in Dacom, C-313/18 (keep reading) is how the term ‘preparatory design material’ should be understood and established if someone has acted as an employee and joint author of the work. The parties’ arguments and the first instance decision Dacom Ltd brought an action before the Patents and…

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