Brevetabilitatea programelor pentru calculatoare. Probleme politice, tehnice şi juridice
Patentability of computer programs. Political, technical and legal problems

Summary/Abstract: One of the most controversial objects of protection of the copyright, which is subject to discussions that seem not to cease, refers to computer programs. They are protected by the copyright rules as a literary work. The complex structure of the computer program, which is made of the source code and the object code, requires' a' broader' vision' regarding' the' means' of' protection,' which' are' consequently the institution of the copyright, the patent right, the trade secret and others.' In' this' article,' the' author' intended' to' make' an' analysis' of' the' currently' existing' policy' regarding' the' protection' of' computer' programs' through' the' rules' of the patent right. This is a reality in the world practice and case law, but not a reality' from' the' point' of' view' of' the' European' regulatory' framework.' Thus,' although' the' European' Patent' Office' issues' patents' regarding' computer' programs,' the' European' Patent' Convention' stipulates' very' clearly' that' computer' programs are considered inventions. The author also examines the advantages and' disadvantages' of' the' protection' for' computer' programs' through' patents,' as' well' as' the' technical' requirements' to' be' met' in' order' for' a' computer' program' to' be protected by a patent.

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