Legal Protection of Computer Programs
DOI:
https://doi.org/10.35246/jols.v38i1.618Keywords:
Computer Programs, Digital Works, CopyrightAbstract
Computer programs are one of the most prominent features of technical progress in the field of information technology, which has raised many new issues that have not existed since the mid-twentieth century. and controls on the use of these programs by third parties,
Controversy still exists about the legal nature of computer programs between those who believe that they are subject to the laws of patents and industrial property, and those who believe that they are subject to the laws of copyright protection and literary and artistic property, and the resulting difference in the scope of protection and rights established according to the legal system adopted in the application.
This study comes to shed light on the legal nature of computer programs and to indicate the legal conditions that are required to be covered by protection.
Downloads
References
First: Legal Books:
i. Fikri, Ayman Abdullah, 2014, Cybercrime in Arab and Foreign Legislations, maktabat al kanoun wa al Iktissad, Riyad,.
ii. Muhammad, Shehata Gharib, 2003, Computer Programs and Law, Dar Al-Nahda Al-Arabiya, Cairo.
iii. Al-Hassan, Azza Ali Muhammad, 2000, Legal Protection of Computer Programs - Protection of Programs by Copyright Provisions, Dar Al-Jinan for Publishing and Distribution.
iv. Abdel Majeed, Esmat, Hamad, Sabri, 2001, Legal Protection of Intellectual Property, matbaet Baghdad.
v. Al-Ghamry, Muhammad, 2015, Intellectual Property, Plumania for Publishing and Distribution,.
vi. Mughabghab, Naim, 2005, The Patent, Al Halabi Legal Publications, 2004.
vii. Salama, Imad Mohamed, Legal Protection for Computer Programs and the Problem of Software Piracy, Dar Wael.
Second: Legal Research:
i. Abdul-Reda, Hussein Abdullah, 2015, Mortgage of Intangible Movables, a Comparative Study, Research published in the Journal of Legal Sciences, College of Law, University of Baghdad, Volume 3, Issue 2. https://doi.org/10.35246/jols.v30i2.211
ii. Hussein, Akram Muhammad, 2019, Abuse of Intellectual Property Rights (Comparative Study), research published in the Journal of Rights, University of Karbala / College of Law, Volume 11, Issue 3.
iii. Mohamed, Mohamed Morsi Abdo, Muhammad Siddiq Muhammad Abdullah, 2019, The rights of media organizations regarding their electronic works - an analytical study in the framework of the law of the United Arab Emirates, Journal of Legal Sciences, Volume 32, Number 1.
https://doi.org/ 10.35246/jols.v34i1.129
iv. Ibrahim, Ikhlas Mukhles, 2019, The Legal System for the Protection of Digital Works, Fourth International Conference on Legal Studies, Ishik University, Erbil.
v. Dr. musa, Ahmad Abdul Karim, 2016, the legal nature of computer programs in omani legislation, tikrit university journal for rights, volume 3, Issue 29.
vi. Dr. Najat, Jedi, 2012, Informatics and Copyright, Studies and Research, Zayan Ashour University, Algeria, Issue 6.
vii. Dr. Rashid, Hassan Hantoush, 2014, The Scope of Copyright Protection in Private International Relations, Risalat al-huquq Journal/ Kerbala University, Year 6, Issue 1.
viii. Abdel Rahman, Helou, 2010, The Problematic of Legal Protection for Electronic Computer Programs Between Patent Laws and Copyright Laws, Algerian Journal of Legal, Economic and Political Sciences, Volume 47, Number 3.
ix. Al-Lahibi, Saleh Ahmed, Copyright in Computer Programs, Tikrit Journal for legal and Political Science, Volume 1, Year 6, Issue 20, without a year of publication.
x. Amara, Fatiha, Criminal Protection of Electronic Information in the Framework of Intellectual Property Law, Al-Haqiqa Journal, Issue 31, without a year of publication.
xi. Khalaf, Muhammad Musa, 2016, Protection of Electronic Computer Programs between Patent and Copyright, Al-Fikr Journal, college of Law and Political Science, Volume 11, Issue 13.
xii. Wasel, Muhammad, 2011, Legal Protection for Computer Programs (Electronic Works), Damascus University/ Journal of Economic and Legal Sciences, Volume 27, Issue 3,
xiii. Khalaf, Ali Muhammad, 2014, computer programs in light of the provisions of Iraqi and American laws, a comparative analytical study, research published in the Journal of Legal Sciences, College of Law/ University of Baghdad, Volume 29, Number 2,. https://doi.org/ 10.35246/jols.v29i2.269
xiv. Haj, yasraf, 2016, Legal Protection of Computer Programs According to Copyright Rules, Journal of Human Sciences, Volume 5, Issue 2.
Third: Thesis:
i. Ben Yato, Osama, 2015, Protection of Computer Programs between the Copyright and Patent Systems, Master Thesis, University of Batna, college of Law and Political Science.
ii. Sofalo, Amal, 2017, Intellectual Property Protection in the Digital Environment, PhD thesis, college of Law, University of Algiers.
iii. Al-Batayneh, Iyad Ahmed, 2002, The Legal System for Computer Software Contracts, Ph.D. thesis, college of Law, Baghdad University.
Fourth: Legislations and Agreements:
i. Iraqi Copyright Protection Law No. (3) of 1971.
ii. Law of Copyright and Related Rights for the Kurdistan Region of Iraq No. (17) of 2012.
iii. Agreement on trade-related aspects of intellectual property rights (TRIPS), 1994.
iv. Berne Convention for the Protection of Literary and Artistic Works, 1886.
v. Model Provisions on the Protection of Computer Software, WIPO, 1978.
vi. WIPO Copyright Treaty, 1996.
Fifth: Foreign References:
i. Bernard A. Galler, Software and Intellectual Property Protection, Quorum Books, 1995.
ii. Carolyn Deere-Birkbeck, The World Intellectual Property Organization (WIPO), Edward Elgar Publishing, 2016.
iii. Dr. K.S.Krishnan Marg, Protection of Computer Software (Algorithm), Journal of Intellectual Property Rights, Vol 1, March 1996.
iv. Robert Gomulkiewicz, Software Law and Its Application, Aspen Publishing 2018.
v. World Intellectual Property Organization, Inventing the Future: An Introduction to Patents for Small and Medium-sized Enterprises, WIPO, 2018.
vi. World Intellectual Property Organization, WIPO Intellectual Property Handbook, Policy, Law and Use, WIPO, 2004.
Downloads
Published
Issue
Section
License
Copyright (c) 2023 مدرس مساعد احمد عامر عبد الامير
This work is licensed under a Creative Commons Attribution 4.0 International License.
Copyright and Licensing:
For all articles published in Journal of Legal Sciences, copyright is retained by the authors. Articles are licensed under an open access Creative Commons CC BY 4.0 license, meaning that anyone may download and read the paper for free. In addition, the article may be reused and quoted provided that the original published version is cited. These conditions allow for maximum use and exposure of the work.
Reproducing Published Material from other Publishers: It is absolutely essential that authors obtain permission to reproduce any published material (figures, schemes, tables or any extract of a text) which does not fall into the public domain, or for which they do not hold the copyright. Permission should be requested by the authors from the copyrightholder (usually the Publisher, please refer to the imprint of the individual publications to identify the copyrightholder).
Permission is required for: Your own works published by other Publishers and for which you did not retain copyright.
Substantial extracts from anyones' works or a series of works.
Use of Tables, Graphs, Charts, Schemes and Artworks if they are unaltered or slightly modified.
Photographs for which you do not hold copyright.
Permission is not required for: Reconstruction of your own table with data already published elsewhere. Please notice that in this case you must cite the source of the data in the form of either "Data from..." or "Adapted from...".
Reasonably short quotes are considered fair use and therefore do not require permission.
Graphs, Charts, Schemes and Artworks that are completely redrawn by the authors and significantly changed beyond recognition do not require permission.
Obtaining Permission
In order to avoid unnecessary delays in the publication process, you should start obtaining permissions as early as possible. If in any doubt about the copyright, apply for permission. Journal of Legal Sciences cannot publish material from other publications without permission.
The copyright holder may give you instructions on the form of acknowledgement to be followed; otherwise follow the style: "Reproduced with permission from [author], [book/journal title]; published by [publisher], [year].' at the end of the caption of the Table, Figure or Scheme.
