INTRODUCTION

Software, in its most general sense, is a set of instructions or programs instructing a computer to do specific tasks[1]. Computers play a serious role in today’s time since it’s the time of digital era. Computers have created tasks easier for humans from transactions to virtual classes everything happens with the assistance of pc. A software system facilitates within the functioning of pc and with the growing technology it's important to protect software system and Intellectual Property laws help in protecting computer software.

During the 1970’s and 1980’s there were discussions that under which intellectual property laws can it be said that the software is protected either copyright laws or patent laws. Due to these discussions it was accepted that computer programmes will be protected under copyright laws where as computer softwares will be protected under patent laws[2]. Till date, law relating to patentability of a software has not been accepted internationally as some believe that software is protected by copyright laws and patent laws protect the inventions related to software. Therefore, in this article we will discuss the protection of software under both, copyright law and patent law.

PROTECTION OF SOFTWARE UNDER COPYRIGHT LAWS

The main purpose of computer software is to make the functioning of a computer easier and therefore it is very important to protect the software in the name of the owner of the work since the programmers put in a lot of time and effort.

Computer Programme" are defined as "a set of directions expressed in words, codes, schemes or in the other type, as well as a code medium, capable of inflicting a laptop to perform a selected task or reach a selected result"[3], "Literary Works" is defined as laptop programmes, tables and compilations as well as laptop databases.[4]

Copyright protection, like patent protection, exist on the idea that “the public edges from the inventive activities of authors, which the copyright monopoly could be a necessary condition for such inventive activities”. Copyright protects the expression of a plan and not the thought itself.

Copyright live in original works that are capable of being reproduced from a set medium. Movies, musical compositions, painting and alternative inventive expressions are protected by copyright. The copyright regime is familiarized towards the protection of existing works, already accessible to the general public, the existence of the protection creating it potential to control by later contracts the manner the general public will access these works.

It is a well established principle that software programmes are copyrightable subject material, similar to the other writing. Copyright protection applied to computer code, would shield solely the belongings embodied within the computer code as a mode of expression. Copyright could be a bundle of rights that entitle the owner to forestall repeating of the protected work, to forestall the distribution of copies and to forestall preparation of spinoff works.

PROTECTING SOFTWARE AND WEBSITES UNDER INTELLECTUAL PROPERTY RIGHTS | COPYRIGHT OR PATENT, TO KNOW MORE VISIT -

PROTECTION OF SOFTWARE UNDER PATENT LAWS

New invention means that any invention or technology that has not been anticipated by publication in any document or utilized in the country or elsewhere within the world before the date of filing of application with complete specification, i.e., the topic matter has not fallen publicly domain or that it doesn't kind a part of the state of the art.[5]"

However, a mathematical or business technique or a computer program in and of itself or algorithms don't seem to be inventions and thus not patentable[6]. The intention of assembly hooked up with the employment of words "per se" was careful vide Report of the Joint Committee (Presented to the Rajya Sabha on the nineteenth Dec, 2001) stating that "This modification has been planned as a result of generally the pc programme could embody bound alternative things, accessory to that or developed on it. The intention here isn't to reject them for grant of patent if they're inventions. However, the pc programmes intrinsically don't seem to be supposed to be granted patent[7].

Patent law protects the concepts of an invention where as copyright law protects the expression of an idea. Software in some countries is protected as an invention if it is inventive and has the capability of an industrial application.

The protection given by copyright law as well as trade secrets has a very limited scope compared to patent law. Patenting software has 3 specific benefits over each copyright and trade secret protection such as -

• If a patent holder files a violation claim he cannot be faced with the defense of freelance creation.
• The patent grants the creator a monopoly right to license his product and since revelation of the invention could be a demand of patentability, the creator needn't concern himself with the secrecy issues facing copyright and trade secret holders.
• The patent holder receives a twenty year monopoly over the invention, throughout which period others area unit prohibited from creating victimization or commerce the invention.

There has not been any international convention that granting patent to pc software system. The Paris convention, 1883, on the protection of commercial property, leaves it to member countries to specify the protectable material for patents.

The World material possession Organization (WIPO) 1978 as long as for granting patent protection for pc software system it should fulfill the criteria’s of recent and creative technical solutions. But in most of the countries, the question of patentability can't be answered with any degree of certainty.

The Agreement on Trade connected Aspects of material possession Rights (TRIPS) describes patentable material beneath article twenty seven.1, subjects to bound exceptions or conditions beneath the agreement “patent shall be obtainable for inventions, whether or not product or processes, all told fields of technology, provided they're new, involve an imaginative step and area unit capable of business application”. TRIPS veto any field specific exclusion of patents.

CONCLUSION

There are a variety of ways to supply security for pc objects From the above discussion it's clear that most likely patent is that the most applicable kind of intellectual property protection for pc software system and hardware. In contrast to copyright, that protects final works, software patents, that defend against the imitation of options, permits the protection of those elementary concepts, and therefore stop whoever to understand a program implementing a protected idea. software patents, by permitting their holders to say elementary concepts, therefore constitutes a very powerful monopoly-building tool, as a result of the holder of one patent will stop the marketing of all software implementing this idea, no matter their application domains may be.

Copyright protection is that the different protection, that is accessible for shielding pc software package. It may be thought of because the most applicable means that of software protection. However copyright protects solely the expression of a thought that needs to be during a tangible and permanent type. The novelty side of patent law needn't be thought of in copyright.

BY- RISHIKA KAPOOR