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Immaterialrättsskyddet för datorprogram - tillgodoses skyddsbehovet?

Ahlberg, Magnus (2008)
Department of Law
Abstract
The area of intellectual property is an old form of protection that has constantly been forced to adapt itself to new technologies. The digital age has made this fact even more clear and has really put the thought of IP as a commodity to the test. There are those who claim that the concept of intellectual property is obsolete and needs to be replaced. The purpose of this thesis is to see whether or not this is true when it comes to the subject of computer software. The legal concepts protecting computer software are about 200 years older than the technology it is meant to protect. To achieve the purpose, a method based on a blank sheet, is proposed. This approach means to look at intellectual property from a new angle rather than from the... (More)
The area of intellectual property is an old form of protection that has constantly been forced to adapt itself to new technologies. The digital age has made this fact even more clear and has really put the thought of IP as a commodity to the test. There are those who claim that the concept of intellectual property is obsolete and needs to be replaced. The purpose of this thesis is to see whether or not this is true when it comes to the subject of computer software. The legal concepts protecting computer software are about 200 years older than the technology it is meant to protect. To achieve the purpose, a method based on a blank sheet, is proposed. This approach means to look at intellectual property from a new angle rather than from the foundation of current law. This method will be used to describe which parts of a computer program that needs protection and how this is best achieved. Finally the results of this method are used in comparison with the current legal situation, this is meant to see whether or not the protection for computer software available today is sufficient. The conclusion is that the copyright has prevailed against time and that the current level of protection is not at all as inappropriate as some might argue. A sui generis-form of protection would perhaps have made the distinction between the special demands, that the protection of computer software requires, easier. However this kind of separation is not necessary. The biggest problem with the protection of computer software is with the underlying idea. This scope is protected by patents and the current legal situation in this area is all but clear. (Less)
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author
Ahlberg, Magnus
supervisor
organization
year
type
H3 - Professional qualifications (4 Years - )
subject
keywords
Immaterialrätt, IT-rätt
language
Swedish
id
1555515
date added to LUP
2010-03-08 15:55:15
date last changed
2010-03-08 15:55:15
@misc{1555515,
  abstract     = {The area of intellectual property is an old form of protection that has constantly been forced to adapt itself to new technologies. The digital age has made this fact even more clear and has really put the thought of IP as a commodity to the test. There are those who claim that the concept of intellectual property is obsolete and needs to be replaced. The purpose of this thesis is to see whether or not this is true when it comes to the subject of computer software. The legal concepts protecting computer software are about 200 years older than the technology it is meant to protect. To achieve the purpose, a method based on a blank sheet, is proposed. This approach means to look at intellectual property from a new angle rather than from the foundation of current law. This method will be used to describe which parts of a computer program that needs protection and how this is best achieved. Finally the results of this method are used in comparison with the current legal situation, this is meant to see whether or not the protection for computer software available today is sufficient. The conclusion is that the copyright has prevailed against time and that the current level of protection is not at all as inappropriate as some might argue. A sui generis-form of protection would perhaps have made the distinction between the special demands, that the protection of computer software requires, easier. However this kind of separation is not necessary. The biggest problem with the protection of computer software is with the underlying idea. This scope is protected by patents and the current legal situation in this area is all but clear.},
  author       = {Ahlberg, Magnus},
  keyword      = {Immaterialrätt,IT-rätt},
  language     = {swe},
  note         = {Student Paper},
  title        = {Immaterialrättsskyddet för datorprogram - tillgodoses skyddsbehovet?},
  year         = {2008},
}