Ballardini, Rosa Maria
(Svenska handelshögskolan, 2012)
Economics and Society – 246
This book is a study of how computer programs have challenged the thinking about and the actual use of intellectual property rights (IPRs) around the world. In general, the intellectual property (IP) system is governed by the same rules and applies equally to all fields of developments. However, the particular nature of computer software has challenged these fundamentals.
Software is a pluralistic product that contains several elements, each of which could fall into different categories of IP laws. Currently, several protection mechanisms are available for software, including copyright, patents, trademarks, contracts, licensing agreements, and technical measures of protection. However, it has been suggested that none of these mechanisms successfully provide an adequate level of protection to computer programs.
This thesis provides an in-depth analysis of some of the major failures within the current European and American software IP ecosystems while focusing mainly on copyright and patent rules. Overall, this book provides a valuable contribution to the literature by revising the most relevant aspects of the IP software framework and by suggesting a number of innovative approaches to shaping the IP laws and facilitating their interpretation. The results of this book provide tools that could be used by scholars, lawyers, and policymakers around the world.