2022
Carina VERMEȘAN, PhD Candidate, Faculty of Law, University of Bucharest, Functional Definition for ”Software” in relation to Proprietary Rights
DOI: https://doi.org/10.31178/AUBD.2022.10
Abstract: Within
the greater map of the legal mechanisms related to software Intellectual
Property Law and its protection systems1 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.
Keywords: software, computer programs, copyright, patent.
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