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Copyright Protection of Software under the TRIPS Agreement - Software reengineering and reverse engineering in the context of international trade law

Ledendal, Jonas LU (2010)
Abstract
In 1994, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) was adopted as part of the Agreement Establishing the World Trade Organization (WTO). Pursuant to the TRIPS Agreement copyright protection of computer programs for the first time had received explicit recognition on the international level. Despite obligating all WTO Members to protect computer programs as literary works under the Berne Convention, many questions regarding the scope of protection still remained.



The purpose of the inquiry is to assess how much freedom WTO Members have in relation to the substantive provisions of the TRIPS Agreement to implement different innovation policies with regard to software reverse engineering... (More)
In 1994, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) was adopted as part of the Agreement Establishing the World Trade Organization (WTO). Pursuant to the TRIPS Agreement copyright protection of computer programs for the first time had received explicit recognition on the international level. Despite obligating all WTO Members to protect computer programs as literary works under the Berne Convention, many questions regarding the scope of protection still remained.



The purpose of the inquiry is to assess how much freedom WTO Members have in relation to the substantive provisions of the TRIPS Agreement to implement different innovation policies with regard to software reverse engineering and reengineering. The thesis first puts the copyright obligations relating to software into both their historical and wider regulatory context of world trade law. It then continues with investigating the scope of subject matter coverage under the TRIPS Agreement in relation to computer programs.



The study is concluded by assessing the scope of substantive rights conferred by the Agreement in such protected subject matter, especially in relation to software reverse engineering and reengineering. The inquiry is themed around the issue of elements of reusable software, which is central in contemporary software engineering. It is submitted that technology neutrality is the proper standard to align interpretation of software copyright obligations with the basic principles of WTO law. It is therefore proposed that dissection and successive filtering tests are refined by introducing a standards-based model for abstraction parts, and a patterns-based approach to filtering. (Less)
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author
supervisor
opponent
  • Professor Riis, Thomas, University of Copenhagen
organization
publishing date
type
Thesis
publication status
published
subject
keywords
international intellectual property law, copyright, world trade law, legal protection of software, software reverse engineering
pages
421 pages
defense location
Sal EC2-101, Holger Crafoords Ekonomicentrum, Lund
defense date
2010-12-03 10:15
ISBN
978-91-7473-042-5
language
English
LU publication?
yes
id
e9dbe8c1-aedb-4827-9c17-ec4e96ffdcc0 (old id 1716374)
date added to LUP
2010-11-15 11:43:14
date last changed
2016-09-19 08:45:16
@misc{e9dbe8c1-aedb-4827-9c17-ec4e96ffdcc0,
  abstract     = {In 1994, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) was adopted as part of the Agreement Establishing the World Trade Organization (WTO). Pursuant to the TRIPS Agreement copyright protection of computer programs for the first time had received explicit recognition on the international level. Despite obligating all WTO Members to protect computer programs as literary works under the Berne Convention, many questions regarding the scope of protection still remained.<br/><br>
<br/><br>
The purpose of the inquiry is to assess how much freedom WTO Members have in relation to the substantive provisions of the TRIPS Agreement to implement different innovation policies with regard to software reverse engineering and reengineering. The thesis first puts the copyright obligations relating to software into both their historical and wider regulatory context of world trade law. It then continues with investigating the scope of subject matter coverage under the TRIPS Agreement in relation to computer programs.<br/><br>
<br/><br>
The study is concluded by assessing the scope of substantive rights conferred by the Agreement in such protected subject matter, especially in relation to software reverse engineering and reengineering. The inquiry is themed around the issue of elements of reusable software, which is central in contemporary software engineering. It is submitted that technology neutrality is the proper standard to align interpretation of software copyright obligations with the basic principles of WTO law. It is therefore proposed that dissection and successive filtering tests are refined by introducing a standards-based model for abstraction parts, and a patterns-based approach to filtering.},
  author       = {Ledendal, Jonas},
  isbn         = {978-91-7473-042-5},
  keyword      = {international intellectual property law,copyright,world trade law,legal protection of software,software reverse engineering},
  language     = {eng},
  pages        = {421},
  title        = {Copyright Protection of Software under the TRIPS Agreement - Software reengineering and reverse engineering in the context of international trade law},
  year         = {2010},
}