Relationship With Copyright Protection
Article 10 paragraph 1 of TRIPs provides that a computer program is a type of work which is eligible for protection under copyright law:
- "Computer programs, whether in source or object code, shall be protected as literary works under the Berne Convention (1971)."
This argument was used by some adversaries of software patents to contend that software patents would not be allowed by the TRIPS agreement. TRIPS textbooks don't see a conflict, for instance Correa & Yusuf notes that software patents complement copyright because copyright does not protect underlying ideas.
Read more about this topic: Software Patents Under TRIPs Agreement
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