Use this URL to cite or link to this record in EThOS: http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.319741
Title: The legal protection of computer programs with particular reference to U.K., U.S., Japan and Korea.
Author: Jong, Sang Jo.
Awarding Body: London School of Economics and Political Science (University of London)
Current Institution: London School of Economics and Political Science (University of London)
Date of Award: 1991
Availability of Full Text:
Access through EThOS:
Abstract:
This thesis is designed to discuss and compare the legal measures in U.K., U.S., Japan and Korea for protecting computer programs. Following an introductory chapter, the first sUbstantive chapter discusses patent protection of computer-programrelated inventions in those four countries. In interpreting the exclusion of computer programs as such in the British Patents Act 1977 and, also, in implementing the Patent Office's guidelines in U.S., Japan and Korea, their respective Patent Offices and courts are struggling to see what computer-program-related inventions qualify for patentable inventions. The following chapter moves on to copyright protection for computer programs. While Korea has enacted the "computer Program Protection Act", the other three countries all amended their Copyright Act expressly to include computer programs as a copyrightable work. Despite these legislative measures, the legal protection of computer programs still has a few problems, which are dealt with in many sections of this chapter: To what extent structures and interfaces of programs are protected and how far reverse analysis of existing programs is permitted. These unresolved problems under current copyright laws and conflicting decisions of American courts lead to a very serious question whether copyright is really appropriate to protect computer programs. The appropriateness of copyright is questioned again in another chapter which deals with semiconductor layout design legislation. other forms of protection for computer programs are discussed altogether in one chapter. It is found that there are considerable differences between countries in their legal systems concerning contracts, confidential information, unfair competition and utility models. Finally, it is investigated whether the current provisions of international conventions cover computer programs and whether, if so, those national measures for computer programs are consistent with the international conventions. My thesis, then, comes to the conclusion that exi.tinq leqal meaaurea, national or international, are not quite appropriate for protecting computer programs but need further adaptations.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID: uk.bl.ethos.319741  DOI: Not available
Keywords: Copyright Law Law enforcement Prisons Computer software
Share: