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Copyright Protection of Computer Software

By Kyara Mathias

Published In

CLC 2004

The law relating to copyrights in India is comprehensive enough to protect computer programmes and softwares. Copyright law provides more effective protection to computer software than other branches of intellectual property. It is difficult to secure a patent on computer software, as under the Patent Law, a computer software, per se, cannot be patented. This article analyses protection of computer software under copyright law, and discusses foreign judicial precedents in this behalf. Introduction Under the Copyright Act, 1957, computer programs are ‘literary works’ and are entitled to copyright protection.1 A computer program is entitled to copyright protection if it possesses originality and is recorded. A computer program is different from the conventional subject of copyright protection. Computer Software is created to produce a function and a technical effect. The conventional items protecte ....

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