Global Empatheticon Computer Programs and Databases as objects of Intellectual Property Rights (original) (raw)
Related papers
2019
This book is a study of how computer programs have challenged the thinking about and the actual use of intellectual property rights (IPRs) around the world. In general, the intellectual property (IP) system is governed by the same rules and applies equally to all fields of developments. However, the particular nature of computer software has challenged these fundamentals. Software is a pluralistic product that contains several elements, each of which could fall into different categories of IP laws. Computer programs can be defined as "a combination of computer instructions and data definitions that enable computer hardware to perform computational or control functions"1. IP protection applies differently depending on the manner in which those instructions and definitions are expressed. Currently, several protection mechanisms are available for software, including copyright, patents, trademarks, contracts, licensing agreements, and technical measures of protection. It has b...
The legal protection of databases from copyright to dataright
1999
The vast and sweeping developments, which have occurred recently in the fields of computers, telecommunications and information technologies have stimulated the formation of a new global market of electronic information services and products, in which databases are principal components. Within the context of Intellectual Property Law, these advances challenge the traditional legal rules, resulting in ongoing reforms for adapting the law of intellectual property to the novel environment. Initiatives discussed in this study for determining the appropriate international legal standards for the protection of databases are the Agreement on Trade Related Aspects of Intellectual Property (1994), the present discussions in the World Intellectual Property Organisation (WIPO), and the European Union's Directive on the Legal Protection of Databases (1996). The last initiative constitutes the most comprehensive attempt to resolve the issues involved in the protection of databases within the...
Program and Data Protection: Copyright, Patent, Trade Secret and Trademark
2013
The study of this paper will describe the perspective view of legal issues and propose the alternative approaches to protecting software. Some legal issues like copyright, patent and trademark are used for providing the security to the data and computer software. The main motive of this paper is to aware all the authors about the protection of data and their programs.
Intellectual Property Rights and Computer Software
Galaxy, 2021
Intellectual Property Rights have become important in today's world. In today's world computer security is of utmost important. There are certain goals of computer security like secrecy, integrity and availability which is tried to be fulfilled by the legislation but not to that extent. In the online world, IPR protected information like computer software. Unfortunately, current domestic laws governing intellectual property specifically computer software do no protect it as required. "Security used to be an inconvenience sometimes, but now it's a necessity all the time"
Protection of Software Under Intellectual Property Law: Scopes and Challenges
International Journal of Law Management and Humanities , 2023
Software plays a pivotal role in modernizing contemporary world and without conservation of software IPR (Intellectual Property Rights), innovation in the tech industry can't be contemplated. So this paper enumerates the scopes of software IPR focusing on the diversified nature of software IPR the standard for ascertaining the exact class of software IP is which difficult to determine so this paper to clarify this issue elaborates on the essence and challenges of availing Copyright, Patent, Trade Secrets in the context of protecting the software IPR from infringement and misappropriation in the technology industry.
IP Protection to Software: Conflict between Indian Provision and Practice
2017
Human life, in the recent past, has been affected most by the rapid advancement of information technology and allied inventions. Commerce, entertainment, sports, business, life style etc. have seen a drastic change in the manner they are being carried out and how the consumers or end users have responded to them. These advancements demand innovation and continuous development of the software and hardware involved in the process; and an innovation being an investment of intellectuality demands the economy for an equivalent return. These demands have been met by the protections granted through grant of exclusive rights, with exceptions, under the jurisprudence of intellectual property, more precisely through patent regime. However, software was for a long time considered as non-patentable because of it falling into the pool of non-patentable subject matters. This became an issue with the appearance of Independent Software Vendors who developed software which were not attached to a par...
Copyright and License Protection for Computer Programs: A Market Oriented Assessment
1991
9. Computer programs are hereinafter referred to as "programs." For a discussion of the term "program," see infra notes 16-19 and accompanying text. 10. See, e.g., infra notes 49-59 and accompanying text. 11. See infra note 22. 12. See infra notes 23 & 131 and accompanying text. 13. See infra notes 23 & 131-39 and accompanying text. 14. Smiddy & Smiddy, Caught in the Act, DATAMATION, June 15, 1985, at 102 (a discussion of the methods of protection used by program developers). 15. See infra notes 70-89 and accompanying text.
US-China Law Review
The Industrial Revolution Era 4.0 encouraged the development of innovative computing systems that bring forth to innovations in information technology that were diverse and beneficial to the wider community. Computer programs developed as part of the software which one of the factors that influence the diversity of information technology. Today, computer programs have been recognized as valuable assets for companies and individuals who created or discovered them. Legal protection for inventions in all fields of technology including computer programs in several countries is carried out through patent registration as regulated in Article 27(1) of the Trade-Related Aspects of Intellectual Property Rights (TRIPs). Protection of inventions in the field of information technology by the Patent Law in Indonesia is currently limited only in the scope of hardware, while the protection of computer programs is regulated by Law No. 28 of 2014 concerning copyright. The regulation through copyright law is considered insufficient to protect inventions in the field of information technology. Some developed countries in the world, such as Japan and the United States regulate the protection of computer programs through patents. This research will use the normative juridical method using secondary data. Furthermore, this research will examine the protection of computer programs based on the laws in force in Indonesia. The results of the study are expected to be able to provide input and thought contributions in order to build a computer system protection system in Indonesia.