LEGAL PROTECTION FOR COMPUTER SOFTWARE IN INDIA

Executive Summary:
• The term SOFTWARE is a collection of instructions that tell a computer what to do. It comprises of an entire set of programs, procedures and routines associated with the operation of a computer system
• The two major statutes that cover software protection in India are the Copyrights Act, 1957 and the Patents Act, 1970.
• Copyright laws with respect to software protection protect the expression of idea and not the idea itself.
• The methods and algorithms within a computer program are not protected under copyright.

Introduction:
In recent times, India has emerged as a software services leader in various areas of focus like operating system platform, applications, network management, for application sectors such as banking, insurance, health care, manufacturing etc. to protect software development. This new development has called for widening the scope of Intellectual Property Rights (IPR) as there is danger to the software sector from unauthorized production or piracy.

The term SOFTWARE is a collection of Instructions that tell a computer what to do. It comprises of entire set of programs, procedures and routines associated with the operation of a computer system.

Overview of Software Copyright:
The major statutes that cover software protection in India are the Copyrights Act, 1957 and Patents Act, 1970. The Copyright Act 1957, under section 2 (o) defines “literary work” as computer programs, tables and compilations including computer databases.

The Patents Act, 1970 provides that a computer program per se other than its technical application to industry or a combination with hardware is not patentable. Thus, software can be registered as a patent only if it is in combination with hardware and not otherwise.

It is important to note that the Copyright Laws with respect to software protection protect the expression of idea and not the idea itself. In other words, it is termed as computer program which includes, human readable form called “Source Code” and machine executable form called “Object Code” and related manuals thereof are protected along with it. So copyright of computer programs prohibits copying of program structure and design. It cannot be overlooked that the copyright protection does not arm under it, the methods and algorithms within a program as the expression.

How to Register Copyright for a Software Copyright ?
• Application has to be filed, detailing the ‘Source Code’ (kept confidential by Authority) and ‘Object Code’ (published by authority) along with proof of name, nationality proof of the applicant, work description, address proof,

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