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SOFTWARE COPYRIGHT PROTECTION: CAN EUROPE LEARN

primarily on a traditional common law approach (based on the analysis of cases) would be biased, as the Directive evidences significant elements taken from both civil law and common law legal systems. The first section of this article, after highlighting the reasons for Europe's late initiative to protect software, examines ...

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Software-Enabled Consumer Products

Dec 15, 2016 ... Software-Enabled Consumer Products, in response to your October 22, 2015 request. In requesting the ..... regime of legal protection supports an industry that is a major engine of economic growth. In the last ... copyrighted software in everyday products; (2) the law's effect on the design, distribution, and ...

software-full-report.pdf

copyright and Patent Protection for computer Software: How Has the

It has been established for more than two decades that both patent and copy- right laws in the united States provide intellectual property protections for com- puter software—with the former generally thought to protect the inventive idea or procedure encompassed in the software, and the latter protecting the expression.

2015-04-ip-today-copyright-patent-protection-for-computer-software.pdf

Circular 61 Copyright Registration of Computer Programs

Note that each version of a computer program containing new, copyrightable authorship is considered a separate work. You must submit a separate application, filing fee, and deposit for each version you want to register. If, however, your program is unpublished, you may be able to register multiple versions of the same ...

circ61.pdf

Software Copyright Protection in the European Community: Existing

26,379 (1989) (microcode is protectible as a computer program). A sampling of the numerous articles discussing this subject includes Menell, Tailoring. Legal Protection for Computer Software, 39 STAN. L. REV. 1329 (1987); Nimmer, Bernacchi,. & Frischling, A Structured Approach to Analyzing the Substantial Similarity of ...

viewcontent.cgi?article=1097&context=chtlj

Convergence in the Law of Software Copyright

Part II of this Article traces the history of legal protection for computer software, beginning with trade secret protection. It discusses the relatively quick development of a rule that literal copying of computer programs is prohibited, and the more intractable problem of non-literal infringement. Part III chronicles the convergence ...

viewcontent.cgi?article=1124&context=btlj

Copyright Protection for Computer Software in Great Britain and the

The issue of adequate legal protection for computer programs is a major concern in the international software industry. United. States trade officials estimate that between eight and twenty billion dollars in sales has been lost annually due to the counterfeiting of software products and semi-conductors.' In the United Kingdom ...

viewcontent.cgi?article=1040&context=chtlj

The Copyright and Trade Secret Protection of Communication

t Attorney, Intellectual Property and Computer Law Department of Jenner & Block, . Chicago, Illinois. The author would like to thank Jerome Roberts for his advice and en- couragement, and Kenneth Port for his comments on an earlier draft of this Article. 1. Compatibility ensures that software written for one system will ...

viewcontent.cgi?article=1336&context=jitpl

Does Copyright

Clifford Chance's Brussels office, for her generous assistance. l Directive 91/250 on the legal protection ofcomputer programs (the Directive). The 1991 version ofthe Software Directive was recently replaced by a codified (i.e. consolidated) version, European Parliament and Directive 2009/24 ot'Apri123, 2009, in which both ...

facultyPubsPDF.php?facID=346&pubID=227

IP Protection of Software and Software Contracts in India: A Legal

Vol 17, July 2012, pp 284-295. IP Protection of Software and Software Contracts in India: A Legal Quagmire! S K Verma†. Indian Society of International Law, 9, ... Software in India are protectable under copyright law as computer programmes, but the scope of a 'literal' part of a ... Protection of Software under IP Laws.

JIPR 17(4) 284-295.pdf

copyright protection for computer software: an international view

SOFTWARE: AN INTERNATIONAL VIEW. I. INTRODUCTION. The best method for protection of computer software1 has been a topic of debate and considerable controversy2 during the past few decades both in the United States,3 and in technologically advanced countries throughout the world.4 Current legal theories of ...

viewcontent.cgi?article=1211&context=jilc

TAILORING LEGAL PROTECTION FOR COMPUTER SOFTWARE

software —- did not fit neatly within the traditional forms of legal protection for intellectual propertyrl Because of the complexity of these issues, Congress created the. National Commission on New Technological Uses of Copyrighted. Works (CONTU) for the purpose of recommending a national policy that would provide ...

Menell_26.pdf

Copyright Protection of Operating Software, Copyright Misuse, and

INTRODUCTION. In the abstract, intellectual property and antitrust coexist in a state of superficial tension. The latter abhors monopolies, or at least the abuse of monopoly power, while the former actually creates monopolies through force of law. Traditionally, courts have resolved this tension in the only way possible that  ...

viewcontent.cgi?article=1263&context=cjlpp

IP Protection of Software and Software Contracts in India: A Legal

Vol 17, July 2012, pp 284-295. IP Protection of Software and Software Contracts in India: A Legal Quagmire! S K Verma†. Indian Society of International Law, 9, ... Software in India are protectable under copyright law as computer programmes, but the scope of a 'literal' part of a ... Protection of Software under IP Laws.

f959c20ce99ccdb4eb6e1b4f06faeff3455a.pdf

Tailoring Legal Protection for Computer Software

in new technologies-in particular, computer software-did not fit neatly within the traditional forms of legal protection for intellectual property.' Because of the complexity of these issues, Congress created the National Commission on New Technological Uses of Copyrighted. Works (CONTU) for the purpose of recommending a ...

Menell_Tailoring_Legal_Protection_for_Computer_Software.pdf

COPYRIGHT AND PATENT PROTECTION FOR COMPUTER

This article will begin with a summary of the current law concerning the copyrightability of software and the eligibility of software for utility and design patents. The second part of this article will examine the different aspects of computer software which patents and copyrights protect and the differing scopes of these forms of.

p265.Einhorn.pdf

Regulations on Computer Software Protection

Dec 20, 2001 ... Regulations on Computers Software Protection are hereby. Promulgated and shall be effective ... Copyright Law of the People's Republic of China, for the purposes of protecting the rights and interests of ... (3) “software developer” means a legal entity or other organization that actually organizes, or directly ...

cn002en.pdf

Software and scènes à faire

enforcement of software copyrights has led to the formation of a complicated body of case law. An almost inevitable occurrence in copyright litigation is an alleged infringer's reliance on various doctrines in an attempt to exclude parts (or all) of a computer program from copyright protection. One commonly invoked doctrine is ...

011-013-CW-May09-Feat.pdf

Copyright Protection for Computer Software after Whelan Associates

society, something which few would say of the law. Indeed, the meeting of the two might be said to resemble a confrontation between the proverbial tortoise and hare. Nevertheless, the courts have begun to confront the issues which this most modern form of intellectual property raises. Whelan Associates v. Jaslow Dental ...

viewcontent.cgi?article=2940&context=mlr

Japan's Approach to Copyright Protection for Computer Software

Jun 1, 1994 ... This Article is brought to you for free and open access by the Law Reviews at Digital Commons @ Loyola Marymount University and Loyola Law. School. It has been accepted for inclusion in Loyola of Los Angeles International and Comparative Law Review by an authorized administrator of.

viewcontent.cgi?article=1336&context=ilr