Abstract
In the BRICS Member States, serious attention is paid to Information Technology development in terms of both technology and law. These countries are at the forefront in the development of the digital economy and digital innovations. Cloud storage software is an important element in this sector and is intensively applied in civil law transactions. The processes of approval, storage and sorting of documents are being automated on the basis of the relevant computer programs. This helps companies and government agencies to systemize their operations. At present, the most pressing issues are those related to copyright and copyright holders of computer programs since software code may be copied, even illegally or unconscientiously, and used as the basis for another software product. Cloud storage software is copyright-protected, but, depending on the scope of its use, additional patent protection may be required. Given the rapid development of the IT sector, a software product may be one of the components in an invention subject to patenting. The article focuses on the relationship between copyright and patent protection of software and offers a comparison of the approaches taken by the BRICS countries. Approaches taken by Germany as a European Union Member State and the United States of America are shown in the all-out comparison. The article also analyzes the views of academics on the relationship between copyright and patent protection of software.
Highlights
In the BRICS Member States, serious attention is paid to Information Technology development in terms of both technology and law
The article focuses on the relationship between copyright and patent protection of software and offers a comparison of the approaches taken by the BRICS countries
This article is dedicated to the review of the basic means of legal protection afforded to computer programs that enable the formation and operation of cloud storage databases in the BRICS member states, as well as a comparison of these protections to those currently in place and being developed in the legal systems of Germany and the United States
Summary
Article 1261 of the Civil Code of the Russian Federation protects the copyright of a computer program, including its source code and object code. In the case of cloud storage software, modifications are feasible when the functionality of such software is being upgraded in order to meet the data protection requirements, as well as the needs of specific users. Such upgrades must occur in parallel with the improvement of the data centers that are capable of ensuring the continued operation of software. A software and hardware package may be patented in Russia as an invention This is possible because only the computer program along with the data processing center which contributes to the cloud storage would be of interest to the copyright holder. A patent obtained by one company may have far-reaching implications, limiting the ability of other companies to design new computer programs
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