Protection of Computer Programmes
In today’s digital world, computer programmes are valuable assets. They drive software applications, mobile apps, websites, and various digital tools. Due to their importance, protecting them from unauthorized use, duplication, or distribution is essential. This is where intellectual property rights (IPR) play a crucial role.
What is a Computer Programme?
A computer programme is a set of instructions written in a programming language. These instructions direct a computer to perform specific tasks. Examples include software like Microsoft Office, operating systems like Windows or Linux, and mobile apps.
Legal Protection through Copyright
The most common legal framework for protecting computer programmes is copyright law. In many countries, including India, the USA, and members of the EU, computer programmes are treated as literary works under copyright statutes.
Under the Indian Copyright Act, 1957, Section 2(ffc) defines a computer programme and includes it under literary works. Once created, the author of the programme automatically owns the copyright, which gives them the exclusive right to reproduce, modify, sell, or license the software.
Duration of Protection
The copyright on a computer programme usually lasts for 60 years from the year following the death of the author (in India). If developed by a company, it lasts 60 years from publication.
International Protection
Computer programmes are also protected under international agreements such as the Berne Convention, TRIPS Agreement, and WIPO Copyright Treaty. These frameworks ensure that software developed in one country is respected and protected in others.
Other Forms of Protection
Besides copyright, software can also be protected by:
- Patent law, for novel technical processes.
- Trade secrets, for undisclosed algorithms.
- Licensing agreements, which set terms for usage and distribution.
Limitations
It is important to note that copyright does not protect ideas or algorithms, only the expression (source code or object code). Reverse engineering, under certain conditions, may also be allowed legally.
