ПРЕДНОСТИ АУТОРСКО-ПРАВНЕ ЗАШТИТЕ РАЧУНАРСКИХ ПРОГРАМА
ADVANTAGES OF COPYRIGHT PROTECTION OF COMPUTER PROGRAMS

Summary/Abstract: The computer program — software is a result of intellectual creativity which should be protected by law both in national and international spheres. Due to the nature of such program, this protection can be effected primarily within the framework of the copyright law. Since programs are somewhat specific as compared to other author’s works, minor amendments should be made in national legislations in this area in order to bring into accord, legal protection of software with the nature of the program itself. In creating such protection it is necessary to observe legitimate interests of the program author, of the hardware manufacturer, and of the holder of the software, which includes the users of hardware and software. Few countries having such legislation unfortunately protect the most the interests of the hardware manufacturer and those of the holder of the software, while neglecting the interests of the author of the program. The remaining aspects of legal protection of computer programs, such as the one on the basis of patent law or the unfair competition law, could be of a subsidiary nature and be used only if the copyright protection fails to be sufficient or efficient. Developing countries should enact legal prescriptions on protection of computer programs as soon as possible, not only because of the use of such programs, but also due to the conditions of acquiring hardware and software from abroad. Finally, it is possible that accelerated growth of production of hardware and software opens up some new legal possibilities in effecting protection of computer programs — which by now can not be foreseen.

• Details
• Contents