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Intellectual Property Protection Of Computer Softwares In India And Its Limitations
LawZ Magazine
|January 2018
Intellectual Property Protection Of Computer Softwares In India And Its Limitations
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With the rapid changes in the field of information technology taking place across the world, computers are fast becoming household property. The Copyright Act protects the author’s economic and moral rights in the copyrighted work as stated in section 14 and 57 respectively, including the rights in computer software/ programmes. The operation and running of computer system is provided or guided by computer software that consists of set of instructions which may be as concrete as code or as abstract as mathematical algorithm. As less expensive personal computers were available in the market and ease with which computer programs can be copied, the issue of protection programs has become very important in today’s world. It was held in the case of Bishwanath Prasad Radhe Shyam v. Hindustan Metal Industries that Fundamental Principle of Patent Law is that patent is granted only for the invention which is new and useful. The correct version required the definition of static words, codes, schemes incorporated into the machine-readable medium. The real value of the computer programs lies in the source code rather than the object code
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