Protecting computer programs as implemented inventions. Regional legal framework of the Republic of Moldova Cover Image
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Protecţia programelor pentru calculator implementate în calitate de invenţii. Cadrul juridic regional al Republicii Moldova
Protecting computer programs as implemented inventions. Regional legal framework of the Republic of Moldova

Author(s): Dorian Chiroșca
Subject(s): Law, Constitution, Jurisprudence
Published by: Asociaţia Ştiinţifică de Dreptul Proprietăţii Intelectuale
Keywords: author; copyright; computer program; invention; patent

Summary/Abstract: According to the provisions of art. 52(2) (c) of the European Patent Convention, the programs for computers are exempted from patenting. Thejudicial practice established in the European Patent Office proves the contrary and, consequently, hundreds of thousands of inventions implemented by means of a computer were patented and were issued patents that are valid on the territory of the European Union Member States. Consequently, although the European Patent Convention excludes the program for computers from patenting, it cannot be rejected from protection by patent according to the rules of art.52(2)(c), if, when launched on a computer, it produces an additional technical effect exceeding the limits of a technical connection between the program for computer and the computer itself.

  • Issue Year: 2010
  • Issue No: 04
  • Page Range: 87 - 94
  • Page Count: 8
  • Language: Romanian