A Functional Definition for ”Software” in relation to Proprietary Rights Cover Image
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A Functional Definition for ”Software” in relation to Proprietary Rights
A Functional Definition for ”Software” in relation to Proprietary Rights

Author(s): Carina Vermeșan
Subject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: software; computer programs; copyright;

Summary/Abstract: Within the greater map of the legal mechanisms related to software Intellectual Property Law and its protection systems certainly play a core part. This article only grasps the interaction between two of the Intellectual Property protection systems granting a direct form of protection by employing exclusive rights over software: copyright and patent law. The choice between one of these two regimes has been historically challenged. As software is a complex concept gathering heterogeneous elements – the dynamics of copyright and patent law related to software are molded by their specific subject matter – hence, defining software becomes a core step in the assessment of its protection mechanisms.

  • Issue Year: 2022
  • Issue No: 1
  • Page Range: 136-169
  • Page Count: 34
  • Language: English
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