A proteção jurídica de software na Europa: um percurso legislativo controverso

• Autor(a) principal: Francisco, Andreia Marlene Correia
• Data de Publicação: 2010
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10216/63920
• topic: Protecção jurídica do programa de computador; Direito de Autor; Patentes de invenção; Legislação europeia; Invenção implementada por computador; Computer Software legal protection; Copyright; Inventions patents; European legislation; Computer-related inventions; Ciências Jurídico-Privatísticas; Legal and Private Sciences; Porto

The main goal of this dissertation is to analyze the current legal scenery, within Europe and, with particular focus on European Union, concerning the legal protection of computer programs, as well as the types of arrangements that have been adopted, particularly by European countries, since the advent of the computer program. Computer programs are functional works and appear to be literary works, because they present themselves in a linguistic expression. However, they have a backbone of 'mechanical' nature: they are the logical foundation, they are computer s brains 2. The dissertation focuses on the protection of computer programs by Copyright and the Patents law, the two means of protection recognized as the most appropriate for the majority of the doctrine, with a clear expression in the legislation. We also briefly analyzed the regulatory scenery concerning the protection afforded to computer programs, on a national level as well as developments in the United States of America. Through analysis of a case study, the importance of the legal provision of computer-related inventions protection is recognized, as well as the possibility of granting a single patent to ensure business opportunities for European companies and effective protection for their inventions.