Volume 6, Issue 1 (8-2024)
مطالعات فقه و حقوق رسانه 2024, 6(1): 187-210 |
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Rajabi A. Legal Challenges of Iranian Patent System for Protecting the Software Developers. مطالعات فقه و حقوق رسانه 2024; 6 (1) :187-210
URL: http://journal.refah.ac.ir/article-1-114-en.html
URL: http://journal.refah.ac.ir/article-1-114-en.html
Abstract: (2252 Views)
According to the law of many countries, including Iran, a computer programs are protected in intellectual property system in the form of literary or artistic works or patent; It may also be governed by a sui generies system. Patenting a computer program technically and legally requires conditions and has many economic and administrative consequences that are problematic. The patent requirements of a computer program are the same as for patents, in whole, and has virtually no barriers except in the case of an industrial application. In foreign judicial systems, the technical effect of the program is considered as a condition for industrial use; In Iran, in order to avoid the problems, with the help of technical effect, it is possible to separate the types of programs and give protection to the programs that have been published with their appropriate hardware. However, the extra-legal challenges of patent for the computer program remain. In this article, while introducing the patent system and applying it to the computer program, we examine these challenges and try to provide the right way to legislate and at least to interpret the rulings to play a role in the development of this aspect of technology.
Keywords: Computer Program Protection, Software Patent, Patent challenges, Industrial Application, Technical Effects
Type of Study: Research |
Subject:
Special
Received: 2024/04/24 | Accepted: 2024/09/22 | Published: 2024/10/5
Received: 2024/04/24 | Accepted: 2024/09/22 | Published: 2024/10/5
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