PROTECTION OF COMPUTER PROGRAMMES IN INDIA’’

7/30/2019 PROTECTION OF COMPUTER PROGRAMMES IN INDIA

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KAPIL MOHAN GOEL


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CONTENTS INTRODUCTION

PROTECTION OF COMPUTER PROGRAMME.

INTERNATIONAL LAWS AND ITS COMPLIANCE IN

INDIA FOR THE PROTECTION OF COMPUTERPROGRAMMES.

LAWS IN INDIA FOR THE PROTECTION OF COMPUTERPROGRAMMES

CASE STUDIES RELATED TO INDIAN COMPUTERPROGRAMMES PROTECTION.. CONCLUSION


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INTRODUCTIONA computer programme is a product of human

intellect and can be rightly termed as intellectualproperty The danger to thesoftware sector is from unauthorized production orpiracy. The protection has become increasinglyimportant because every day the economy loses out onstaggering amount of money.


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PROTECTION OF COMPUTER

PROGRAMME Through this PROJECT i want to discuss in brief about

various Indian and international laws which areapplicable in India for the protection of computerprogrammes.


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Form of Protection

Two forms of IPR which could beused to protect software arepatents and copyright


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PROTECTION OF COMPUTER

PROGRAMMES The Trade Related aspects Of intellectual Property

(TRIPS), Berne Convention, and World IntellectualProperty Organization (WIPO) have includedprovisions for the protection of software. Copyrightlaws throughout the world have extended protectionfor software.


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International Instruments

TRIPS

This is the first international Treaty to explicitly

include computer programs within the illustrative listof copyrighted works. TRIPS sets forth three differentforms of protection for software: copyright, patent andtrade secret regime


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Berne Convention

Berne Convention makes the protection of works ofapplied art dependant on domestic legislation .

works such as computerprograms that exhibit utilitarian characteristics andalso contain expressive elements can be brought underthe ambit of work of applied art.


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WIPO Copyright Treaty (WCT) In 1996, two copyright treaties were negotiated under

the auspices of WIPO. These treaties are:WIPOCopyright Treaty (WCT) and the WIPOPerformances and Phonograms Treaty (WPPT).The WCT of 1996 is a special agreement to the BerneConvention and requires compliance with BerneConvention. This treaty makes explicit that computerprograms are protected as literary works under BerneConvention


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PROGRAMMES..

Copyrights Act, 1957

India has one of the most modern copyright protection

laws in the world. Major development in the area ofcopyright during 1999 was the amendment to theCopyright Act of 1957 to make it fully compatible withthe provisions of the TRIPS


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COPYRIGHTS ACT,1957Any person who knowingly makes use on a computer

of an infringing copy of a computer program is liableto be punished with imprisonment for a term of atleast seven days and can be extended to three yearsand with fine of at least Rs. 50,000.


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Patents Act, 1970

The Patents Act, 1970 states that a computer programperson other than its technical application to industryor a combination with hardware is not patentable.Thus, software can be registered as a patent only if it isin combination with hardware and not otherwise.


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PROTECTION

Bangalore Aug10, 2003. Banashankari policearrested three software engineers for illegally copyingsoftware from a company they were working for.

New Delhi Aug28,2002. Central Bureau of Investigation officials in NewDelhi nabbed Shekhar Verma, a former employee ofMumbai-based Geometric Software Solutions

Company and a computer engineer from the IndianInstitute of Technology, Kharagpur


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CONCLUSION The duplicated and pirated software affects all

software users. There is a need for stronger legalprotection. The primary protection for computer

software in India is found in the Copyrights Act, 1957.Introduction of stringent

criminal liability and fast track courts to deal withthese would go a great length to curb piracy. Thereforein conclusion, software piracy should not only belooked as loss of revenue or violation of IP rights but asa loss to the world economy at large.

PROTECTION OF COMPUTER PROGRAMMES IN INDIA’’

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