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The Protection of Computer Programs

Dahlberg, Anna (2009)
Department of Law
Abstract
This thesis concerns the patentability of computer programs from a European perspective. The main purposes of the thesis are to investigate how computer programs are protected in Europe and how case law of the EPO has developed since 2005 when the proposal for a directive on the patentability of computer- implemented inventions (CIIs) was rejected. The thesis also briefly describes the major European economies approach towards patentability of CIIs. The study is mainly based on material established on Community level as well as case law and books and articles on the subject. The conclusions of this thesis is that although the EPO has continued to grant patent for CIIs, the adoption of the EPO approach on the patentability of CIIs by the... (More)
This thesis concerns the patentability of computer programs from a European perspective. The main purposes of the thesis are to investigate how computer programs are protected in Europe and how case law of the EPO has developed since 2005 when the proposal for a directive on the patentability of computer- implemented inventions (CIIs) was rejected. The thesis also briefly describes the major European economies approach towards patentability of CIIs. The study is mainly based on material established on Community level as well as case law and books and articles on the subject. The conclusions of this thesis is that although the EPO has continued to grant patent for CIIs, the adoption of the EPO approach on the patentability of CIIs by the national courts and patent authorities has resulted in divergent rulings. The thesis also demonstrates that other issues have emerged since the rejection of the directive, for instance issues regarding the quality of patents on inventions involving computer programs. In this thesis it is further emphasised that patent protection of computer programs could imply that developing countries could have difficulties in gaining access to technological progress. Due to the complex technology of computer programs it may be required to obtain several patents for a computer program, which could be costly for the program developers. Since developing countries may not have the financial resources to acquire these computer programs it could be argued that intellectual property rights, and in particular patents, could imply that the developing countries access to scientific advancements could be reduced. One possible solution is the free or open source software licence which allows the user to study, redistribute, and improve the program. (Less)
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author
Dahlberg, Anna
supervisor
organization
year
type
H1 - Master's Degree (One Year)
subject
keywords
International Human Rights Law and Intellectual Property Rights
language
English
id
1555342
date added to LUP
2010-03-08 15:23:25
date last changed
2010-03-08 15:23:25
@misc{1555342,
  abstract     = {This thesis concerns the patentability of computer programs from a European perspective. The main purposes of the thesis are to investigate how computer programs are protected in Europe and how case law of the EPO has developed since 2005 when the proposal for a directive on the patentability of computer- implemented inventions (CIIs) was rejected. The thesis also briefly describes the major European economies approach towards patentability of CIIs. The study is mainly based on material established on Community level as well as case law and books and articles on the subject. The conclusions of this thesis is that although the EPO has continued to grant patent for CIIs, the adoption of the EPO approach on the patentability of CIIs by the national courts and patent authorities has resulted in divergent rulings. The thesis also demonstrates that other issues have emerged since the rejection of the directive, for instance issues regarding the quality of patents on inventions involving computer programs. In this thesis it is further emphasised that patent protection of computer programs could imply that developing countries could have difficulties in gaining access to technological progress. Due to the complex technology of computer programs it may be required to obtain several patents for a computer program, which could be costly for the program developers. Since developing countries may not have the financial resources to acquire these computer programs it could be argued that intellectual property rights, and in particular patents, could imply that the developing countries access to scientific advancements could be reduced. One possible solution is the free or open source software licence which allows the user to study, redistribute, and improve the program.},
  author       = {Dahlberg, Anna},
  keyword      = {International Human Rights Law and Intellectual Property Rights},
  language     = {eng},
  note         = {Student Paper},
  title        = {The Protection of Computer Programs},
  year         = {2009},
}