Patenting as the most efficient and effective form for software protection : the European community approach

Abstract

This dissertation attempts to analyse whether patenting is the most efficient and effective form for software protection. An emphasis, however, is made on the legal situation in within the European Community. In the first chapter introduction to basic concepts of the study is provided. The reasons for the choice of copyright by the European Legislator as well as the influence it had faced from the US in trend for the copyright protection for software are also examined. The second chapter deals with the controversial issue of whether the copyright is an appropriate form for software protection. The current legal situation within the European Community problems which have taken place as regards the suitability of the copyright protection for the software. Chapter three treats the question of whether software can be patented within the EC. The discussion is accompanied with the analysis of the current legal situation as regards to software patenting as well as its practical application illustrated through the case law of the European Patent Office. The most recent piece of European legislation in the field, namely the Proposal for a Directive on the protection of computer-implemented inventions is also examined. In chapter four step by step comparison of how protection of intellectual property is granted under both patent and copyright regimes is made. Based on this comparison, the conclusion whether patenting is currently the best way to protect software is made.