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The protection of software between patent and copyright law: Comparing the US and EU regulatory approaches
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We live in an era where technology necessity is predominant, there is none denying it. Whether large industries or individual creators, it is a fact that computer programs play a key role, not only in satisfying our everyday needs, but also in the way society functions as a whole.
Against this background, software and computer programs deserves close attention to ensure an effective level of legal protection. Intellectual Property laws provides such protection through two distinct systems: Patents and Copyright. The present study will have as its main focus precisely comparing such protection in two selected legal systems -– i.e., the United States (US) and the European Union (EU). It aims to clarify the scope of IP protection of both systems, as well as analyze their strengths and weaknesses vis-á-vis software and computer programs. The thesis concludes by explaining why patents seem to be the most complete means of protection, for a technology so pivotal to the current and future developments of our societies.
Keywords: Intellectual property law, patent law, copyright law, sui generis rights, computer programs, software.