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Essay / Research Paper Abstract
This 7 page paper compares and contrasts the way in which computer programs gain legal protection under copyright laws under UK and US law. The bibliography cites 15 sources.
Page Count:
7 pages (~225 words per page)
File: TS14_TEcompcopy.rtf
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Unformatted sample text from the term paper:
and the potential for there to be elements of each ion the way that a program is protected. Looking at the UK and the US there are some interesting differences.
In the UK the main approach is for the computer program to be classified under Copyright law, this is a position that
has been clarified with EU Directive 2009/24/EC which came into effect at in May 2009 (Robertson, 20909; Torremans, 2009). When looking at the UK and the way that computer
programs are protected the case of Gales Application [1991] RPC 305 is one where an invention included a computer program and we start to see the classification of computer programs
under copyright law (Hart and Fazzani, 2008). In this there was the discovery of a new way to calculate square root numbers using system where instructions were placed into an
electronic circuit. This was a technical process inside the computer, but it was not a technical process outside the computer. In this case, there was the embodiment of the invention
in the ROM (read only memory unit) but the application was denied as it not seen as able to be protected by patent as the process was in the ROM.
If the patent application was a development that included a computer programme but was not a computer programme there is a chance that the machinery itself will meet the criteria
needed (Hart and Fazzani, 2008). In the case of Vicoms Systems Incorporateds Application [1987] OJ EOPO that was heard by the Technical
Board of Appeal in the European Patent Office, it was stated that the defining point would be the "technical contribution that the invention makes to the known art" (Hart and
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