Explain Computer software as Intellectual Property and its protection.

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Explain Computer software as Intellectual Property and its protection.

SOLUTION:

Copyright Law and Computer Software:

• In India, the Intellectual Property Rights (IPR) of computer software is covered under the Copyright Law. Accordingly, the copyright of computer software is protect
• Under the provisions of Indian Copyright Act 1957.
• Major changes to Indian Copyright Law were introduced in 1994 and came into effect from 10 May 1995. These changes or amendments made the Indian Copyright law one of the toughest in the world.

Its Protection:

• Since most software is easy to duplicate, and the copy is usually as good as original, the Copyright Act was needed.
• Some of the key aspects of the law are:
• According to section 14 of this Act, it is illegal to make or distribute copies of copyrighted software without proper or specific authorization.
• The violator can be tried under both civil and criminal law.
• A civil and criminal action may be instituted for injunction, actual damages (including violator's profits) or statutory damages per infringement etc.
• Heavy punishment and fines for infringement of software copyright.
• Section 63 B stipulates a minimum jail term of 7 days, which can be extended up to 3 years.