Проблеми існуючої моделі охорони комп’ютерних програм в Україні
Problems of existing models of protection of computer programs in Ukraine

Summary/Abstract: The law enforcement and legislative practice of most states followed the path of protectingcomputer programs by copyright law. It happened because the model of copyright protection of thecomputer programs is cheaper and faster procedure than patent protection. Patent protection, onthe other hand, requires a fairly expensive and lengthy examination of a computer program forglobal innovation, during which the object itself may become obsolete and unpopular with potentialusers. Therefore, the copyright method of protecting computer programs has received preferentialrecognition.But a computer program does not have its own material form and it has a dynamic nature (itcan be changed quickly enough by adding or rewriting the code), besides this - any computer programis first of all some information that does not allow us to speak about this object exclusively as an objectof copyright the rights. In addition, when we say that a computer program is protected by copyright, wedo not put an equal sign between a computer program and, for example, a literary work. We believethat a computer program is like a literary work. And from this it follows that the model of protectionoffered by copyright is not quite suitable for a computer program. For example, the idea itself embodiedand implemented in a computer program is not the object to copyright protection, and an external formof computer program can be rewritten by another programming language or changed by anunscrupulous user, etc. To solve such problems, the copyright model of protection of the computerprograms is opposed to the model of protection of these ones by the rules of patent law. For patent law,the main criterion for the division of objects into protected and unprotected is their technical or nontechnical nature. But the goal of any computer program is to control the equipment and get a certainresult from it. Therefore, if we take into account this thesis, a computer program can be viewed as atechnical solution, and therefore as an object of patent protection.The proposed article discusses the possibilities of protecting computer programs by patentlaw. Both positive and negative aspects of such protection are researched. It is concluded that inUkraine today no conceptual, methodological and legal approaches have been developed to protectcomputer programs as such using the rules of patent law. But in themselves, under certainconditions, computer programs and some of their components may be the object to patentprotection

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