Theoretical Foundations for the Protection of Computer Programs in Developing Countries

Abstract

THEORETICAL FOUNDATIONS FOR THE PROTECTION OF COMPUTER PROGRAMS IN DEVELOPING COUNTRIES Dennis S. Karjalat TABLE OF CONTENTS Introduction I. The Policy Basis for Copyright Protection of Softw are A. The Need for Protection Against Piracy B. The Roles of Patent and Trade Secret C. The Proper Role of Copyright in Program Protection II. Does this Approach Work for Developing Countries? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A. Scope of Protection B. Protection of Interfaces 1. Nonuser Interfaces 2. User Interfaces C. Reverse Analysis of Programs C onclusion INTRODUCTION The basic economic argument for some sort of intellectual property law protection of computer software in developing countries has been made elsewhere' and need not be repeated here. I accept those general arguments and assume further that t Professor of Law, Arizona State University College of Law. This article was originally prepared for presentation at the International Conference on Intellectual Property Rights in Computer Software and their Impact on Developing Countries, Indian Institute of Science, Bangalore, August 20-21, 1993. 1. Anthony L. Clapes, The Soft Revolution: Economics, Intellectual Property and Software Creation in Developed and Developing Countries (Aug. 19, 1993) (un- published manuscript presented at the 1993 International Conference on Intellectual Property Rights in Computer Software and Their Impact on Developing Countries, on file with Dennis S. Karjala).