Software Protection
Tags: auteursrecht, copyright, copyright law, ie, octrooi, octrooirecht, patent, patent law, software law, software protection, softwarebescherming, softwarerecht, werk, werktoets, work, work test.
The most common way to protect software is through copyright. In addition, in some cases, a patent can be granted on software.
Copyright
Software is protected by copyright, provided that it complies with the work test. This applies to all “works” under copyright and therefore also to software.
Patent
Software as such has no technical character and is not an invention, because it cannot solve technical problems. Therefore, software as such is excluded from patent law.
In addition to the software, the hardware is also claimed to solve technical problems. The software in combination with hardware can be an invention and can, therefore, then be patented. At least if the software is new, is based on inventive work and can be applied industrially.
To Lexicon summary