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@article{ART001127359},
author={Kwanshik Kim},
title={Legal Protection of Computer Program by Patent Law:Focusing on 'computer program claim'},
journal={Informatization Policy},
issn={1598-3498},
year={2006},
volume={13},
number={4},
pages={108-127}

TY - JOUR
AU - Kwanshik Kim
TI - Legal Protection of Computer Program by Patent Law:Focusing on 'computer program claim'
JO - Informatization Policy
PY - 2006
VL - 13
IS - 4
PB - NIA
SP - 108
EP - 127
SN - 1598-3498
AB - Computer program technology is one of the most important technologies in the era of information technology. This makes the legal protection of such technology by intellectual property law inevitable. However, legal protection accorded to computer programs is insufficient for a complete and substantial protection of the technology in many respects. This is partly because of the fact that the copyright does not have any blocking effect and the present practice of KIPO does not allow a claim in the form of computer program. The alleged reason for the rejection of such claims is based on the ambiguity of determining the category of a particular invention. This paper however examines critically the above issues to show that protection of computer programs, especially in the form of‘computer program claims’, has sufficient legal support. The discussion here is based on five types of the computer programs, which are categorized by their technical characteristics. Specified provisions of the proposed Patent Act and the Manual for the Patent Examiners are provided for reference. Foreseeable legal conflicts between patents and copyrights for computer programs are discussed, and a scheme for resolution of such conflicts is also proposed in the end.
KW - Computer;Program;Claim;Patent;Copyright;Conflict
DO -
UR -
ER -

Kwanshik Kim. (2006). Legal Protection of Computer Program by Patent Law:Focusing on 'computer program claim'. Informatization Policy, 13(4), 108-127.

Kwanshik Kim. 2006, "Legal Protection of Computer Program by Patent Law:Focusing on 'computer program claim'", Informatization Policy, vol.13, no.4 pp.108-127.

Kwanshik Kim "Legal Protection of Computer Program by Patent Law:Focusing on 'computer program claim'" Informatization Policy 13.4 pp.108-127 (2006) : 108.

Kwanshik Kim. Legal Protection of Computer Program by Patent Law:Focusing on 'computer program claim'. 2006; 13(4), 108-127.

Kwanshik Kim. "Legal Protection of Computer Program by Patent Law:Focusing on 'computer program claim'" Informatization Policy 13, no.4 (2006) : 108-127.

Kwanshik Kim. Legal Protection of Computer Program by Patent Law:Focusing on 'computer program claim'. Informatization Policy, 13(4), 108-127.

Kwanshik Kim. Legal Protection of Computer Program by Patent Law:Focusing on 'computer program claim'. Informatization Policy. 2006; 13(4) 108-127.

Kwanshik Kim. Legal Protection of Computer Program by Patent Law:Focusing on 'computer program claim'. 2006; 13(4), 108-127.

Kwanshik Kim. "Legal Protection of Computer Program by Patent Law:Focusing on 'computer program claim'" Informatization Policy 13, no.4 (2006) : 108-127.