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" The legal protection of computer programs with particular reference to U.K., U.S., Japan and Korea. "
Jong, Sang Jo.
Document Type
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Latin Dissertation
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Record Number
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1094140
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Doc. No
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TLets319741
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Main Entry
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Jong, Sang Jo.
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Title & Author
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The legal protection of computer programs with particular reference to U.K., U.S., Japan and Korea.\ Jong, Sang Jo.
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College
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London School of Economics and Political Science (University of London)
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Date
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1991
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student score
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1991
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Degree
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Ph.D.
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Abstract
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This thesis is designed to discuss andcompare the legal measures in U.K., U.S., Japan and Koreafor protecting computer programs.Following an introductory chapter, the first sUbstantivechapter discusses patent protection of computer-programrelatedinventions in those four countries. In interpretingthe exclusion of computer programs as such in theBritish Patents Act 1977 and, also, in implementing thePatent Office's guidelines in U.S., Japan and Korea,their respective Patent Offices and courts are strugglingto see what computer-program-related inventions qualifyfor patentable inventions.The following chapter moves on to copyright protectionfor computer programs. While Korea has enacted the"computer Program Protection Act", the other threecountries all amended their Copyright Act expressly toinclude computer programs as a copyrightable work.Despite these legislative measures, the legal protectionof computer programs still has a few problems, which aredealt with in many sections of this chapter: To what extentstructures and interfaces of programs are protectedand how far reverse analysis of existing programs is permitted.These unresolved problems under currentcopyright laws and conflicting decisions of Americancourts lead to a very serious question whether copyrightis really appropriate to protect computer programs. Theappropriateness of copyright is questioned again inanother chapter which deals with semiconductor layoutdesign legislation.other forms of protection for computer programs are discussedaltogether in one chapter. It is found that thereare considerable differences between countries in theirlegal systems concerning contracts, confidential information,unfair competition and utility models.Finally, it is investigated whether the current provisionsof international conventions cover computerprograms and whether, if so, those national measures forcomputer programs are consistent with the internationalconventions. My thesis, then, comes to the conclusionthat exi.tinq leqal meaaurea, national or international,are not quite appropriate for protecting computerprograms but need further adaptations.
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Subject
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Copyright
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Added Entry
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London School of Economics and Political Science (University of London)
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