The protection of software between patent and copyright law: Comparing the US and EU regulatory approaches

Abstract

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.