2022

DOI: https://doi.org/10.31178/AUBD.2022.10 

Abstract: Within the framework of legal mechanisms for the protection of software, intellectual property law plays an essential role. This article analyzes the interaction between two intellectual property protection systems that provide direct protection for software by establishing exclusive rights: copyright and patents. The choice of the most appropriate protection system between the two has been the subject of historical debate. Since software encompasses several heterogeneous elements and is a complex concept, the dynamics between the two protection systems are determined by the specific subject matter of each—the definition of software being, therefore, a central step in evaluating its protection mechanisms.

Keywords: software, computer programs, copyright, patent.