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Intellectual Property Rights For Software Essay

2057 words - 9 pages

Intellectual property rights are normally regional; each region abides by different laws (YU, 2012). Still the software copyright holders can’t attain the patent protection worldwide. As a substitute they obtain the patent rights in each region or country they want to sell these works or products (YU, 2012). This paper will outline what Justification and rights that are obtained and how strong of a defence can be enforced in conjunction with the variations of the Intellectual property rights in each region and country. There are differences in policies and laws, the copyright holder will still try to prevent their products or works from being sold in the black market. Furthermore this ...view middle of the document...

, 2014).

(2) Copyright subsists, in accordance with this Act, in—
(a) Original literary, dramatic, musical or artistic works.
(b) Sound recordings, films, broadcasts or cable programmes.
(c) The typographical arrangement of published editions.
(d) Original databases (Anon., 2014).

(3) Copyright protection shall not extend to the ideas and principles which underlie any element of a work, procedures, methods of operation or mathematical concepts and in respect of original databases: shall not extend to their contents and is without prejudice to any rights subsisting in those contents (Anon., 2014).

(4) Copyright shall not subsist in a work unless the requirements for copyright protection specified in this Part with respect to qualification are complied with (Anon., 2014).

(5) Copyright shall not subsist in a work which infringes, or to the extent that it infringes, the copyright in another work (Anon., 2014).

(6) Copyright shall not subsist in a work which is, or to the extent that it is, a copy taken from a work which has been previously made available to the public (Anon., 2014).
The general objectives of the act are as follows:
• That the copyright is protected with criminal penalties that are fully sufficient to prevent copyright theft, considering the economic and cultural significance of such theft in the context of the Information Society.
• Or the owner to altering or adding of copyright and related rights in Irish law.
• to bring Irish law into conformity with all obligations incurred under international law on copyright and related rights; in particular, under the Berne Convention (Paris Act), the Rome Convention, the TRIPs Agreement, the World Intellectual Property Organisation (WIPO) Copyright Treaty, and the WIPO Performances and Phonograms Treaty, and to provide, and provide an international government which provides protection worldwide (Anon., n.d.).
Copyright protection extends to the following works:
• Original literary, dramatic, musical or artistic works.
• Sound recordings, movies.
• Broadcasts, cable programmes.
• The typographical arrangement of published editions.
• Computer programmes.
• Original databases.
When considering the Intellectual property rights with copyright, the owner of the patent which is the person creating the work being an author, script writer or game programmer? This copyright can be transferred to someone else; e.g. a director which can create a movie which the owner of this copyright will be protected with an agreement between them. The owner has the right to forbid or allow copying the work, performing the work, making the work available to the public by broadcasting or recordings and making a variation of the work. The copyright takes effect as soon as the work is on paper or as a fixed medium such as DVD, internet and so on. If it is still an idea in the person’s mind then it won’t be protected (Anon., n.d.), (Anon., n.d.).
Case analysis:
In this paper the main issue which is going to be...

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