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Michal Rampášek

attorney , attorney
In In 2010, he completed his master's studies at the Faculty of Law of the Comenius University and subsequently received the title JUDr. In In 2014, he became a lawyer. He worked in the HAVLÁT & PARTNERS law firm in In 2014, he founded his own office RAMPÁŠEK s.r.o. From 2020 works at the WISE3 law firm as a cooperating attorney. He is a specialist in public procurement, information and communication technology law, cyber security, copyright law and personal data protection. He is a member of the Slovak Bar Association, the Cybersecurity Association, and works in the SAK working group for the electronicization of advocacy.
  • DISCUSSION "How to Procure Digitalization Effectively?"   |   Jarná ITAPA 2023
  • Copyright and Intellectual Property in relation to the procurement of SW works   |   Jarná ITAPA 2017
    The procurement of SW works always inevitably includes regulation of the author’s rights (copyright). Author’s rights are to be understood as a complex of rights that can be divided into two basic groups, namely personality and proprietary rights. The difference between the two groups is in possibilities of disposing with them. The extent to which the public procurer will perform the author’s rights is and must always be subject to agreement, taking into account the needs and real possibilities and capacities of the public procurer. Options and needs will be different when delivering regular (FPP - Full Package Product) software, and different when delivering custom (tailor-made) SW works. In the case of SW works, it is often not just the author’s rights belonging to the supplier to the procured work. Consideration must also be given to protecting and regulating the rights to the supplier's own works and third party works that the supplier used (as its own investment) in the creation of the procured work. The methods for ensuring performance of author’s rights for the public procurer include licensing and assignment of copyright. However, from the point of view of further handling with the SW work, the public procurer should avoid being in status of the ICT "lock-in". Particular attention should be paid to handling with the source code of the SW work. The procurement of the SW work is related and in practice is connected with the procurement of the work maintenance after its delivery. If a clear responsibility for the work is to be maintained, the principle of one exclusive access to the source code must apply.
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