Abstract

Within the greater map of the legal mechanisms related to software Intellectual Property Law and its protection systems1 certainly play a core part. This article only grasps the interaction between two of the Intellectual Property protection systems granting a direct form of protection by employing exclusive rights over software: copyright and patent law. The choice between one of these two regimes has been historically challenged. As software is a complex concept gathering heterogeneous elements – the dynamics of copyright and patent law related to software are molded by their specific subject matter – hence, defining software becomes a core step in the assessment of its protection mechanisms.

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