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학술논문산업재산권2012.12 발행KCI 피인용 4

프로그램의 특허성 인정과 쟁점

Patentability Recognition and Issue of program

권태복(광운대학교)

39호, 91~128쪽

초록

The importance of software is stood out in these days to face smart times being able to contact information and service etc more conveniently and simply according to swift development of information communication technology. Although this program had protected by Copyright Law, program will be specified to invention of object and will be protected to patent in Patent Law lately. It is purpose to protect "idea of program" not theoretically protected in the Copyright Law in the Patent Law. However protect object being patent invention substantially business-transacted is to be program being identical with Copyright Law, protect object exerting prohibited act or exclusive right relating to exercise of right can be regarded to be program being identical with Copyright Law. Eventually it can be regarded that these laws have problem being against protection system. For instance protection system of program according to Patent Law comes to the fore confusion on protection way and cost problem according to double protection, and problem falling-off development desire according to overprotectiveness of program in which patent right is allowed, and accordingly careful review is requested in protection system in the Patent Law.

Abstract

The importance of software is stood out in these days to face smart times being able to contact information and service etc more conveniently and simply according to swift development of information communication technology. Although this program had protected by Copyright Law, program will be specified to invention of object and will be protected to patent in Patent Law lately. It is purpose to protect "idea of program" not theoretically protected in the Copyright Law in the Patent Law. However protect object being patent invention substantially business-transacted is to be program being identical with Copyright Law, protect object exerting prohibited act or exclusive right relating to exercise of right can be regarded to be program being identical with Copyright Law. Eventually it can be regarded that these laws have problem being against protection system. For instance protection system of program according to Patent Law comes to the fore confusion on protection way and cost problem according to double protection, and problem falling-off development desire according to overprotectiveness of program in which patent right is allowed, and accordingly careful review is requested in protection system in the Patent Law.

발행기관:
한국지식재산학회
분류:
법학

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프로그램의 특허성 인정과 쟁점 | 산업재산권 2012 | AskLaw | 애스크로 AI