Software Protection: Copyrightability vs Patentability?
The moment software was created was also the starting point of heated debates over software protection. During the early stages of protection, the debate was around the copyrightability of software protection. Nowadays, the focal point is the argument on whether software should be solely protected under copyright or dually guarded by both copyright and patent. With the development of the software industry across the world, this issue has become more and more contentious internationally. This column of Global IP Debate opens with a software patent case and an open source case, and then traces the history of software protection to examine its protective evolvement. It next focuses on the currently heated debate of dual protection on software by laying out both sides of the arguments and reasoning. This debate ends with some possible solutions to engage readers' thoughts.
National Institute of Science Communication and Information Resources (NISCAIR)
Yang, D. (2012). Software protection: Copyrightability vs patentability? Journal of Intellectual Property Rights, 17(2), 160-164.