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사법학 연구의 첨단 : 컴퓨터프로그램보호방법의 재검토 : A Study on the Protective System of the Computer Program
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- Authors
- Issue Date
- 2007
- Publisher
- 서울대학교 법학연구소
- Citation
- 법학, Vol.48 No.1, pp. 105-128
- Keywords
- 컴퓨터프로그램 ; 컴퓨터프로그램보호법 ; 제3의 보호방법 ; 저작권법 ; 소프트웨어 특허 ; Algorithm, the Computer Programs Protection Act ; copyright Law ; sui generis regime ; computer program, software ; patent Law
- Abstract
- In Korea computer programs are mainly protected by the Computer Programs
Protection Act, even though listed as a protectable subject matter of copyright
law. So computer programs are protected by sui generis legislation. But the
contents of the Computer Programs Protection Act are similar to those of
copyright law: the protection of computer programs is based on the mere fact of
creation (automatic protection), and registration is not a necessary prerequisite.
The term of protection is 50 years from the year following disclosure. The
Computer Programs Protection Act excludes Programming languages (characters,
signs and a system thereof as a means to express a program), Rules (a specific
convention on the usage of programming language in a specific program) and
Algorithms (a method of combining instructions and commands in a program)
from protection. Exclusion of Algorithms from protection reflects the idea/
expression dichotomy.
Apart from being protected by the Computer Programs Protection Act,
computer programs are also protected by the Patent Law. At first we protected
computer programs which met the so-called Freeman-Walter-Abele test. But now
we protected the Floppy Disk Claims and the computerized Method of Doing
Business as in US and Japan. Even in Japan they regard the computer program
as a thing itself. But the term of invention In Korea and Japan Patent Act is a
little different from that of US. In Korea and Japan Patent Act the INVENTION
means the highly advanced creation of technical ideas utilizing rules of nature.
So I think computer programs are not inventions except those which are applied
to some physical process or thing.
- ISSN
- 1598-222X
- Language
- Korean
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