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초록

영어

The importance of software is stood out in these days to face smart times being able to contact information and service etc more conveniently and simply according to swift development of information communication technology. Although this program had protected by Copyright Law, program will be specified to invention of object and will be protected to patent in Patent Law lately. It is purpose to protect "idea of program" not theoretically protected in the Copyright Law in the Patent Law. However protect object being patent invention substantially business-transacted is to be program being identical with Copyright Law, protect object exerting prohibited act or exclusive right relating to exercise of right can be regarded to be program being identical with Copyright Law. Eventually it can be regarded that these laws have problem being against protection system. For instance protection system of program according to Patent Law comes to the fore confusion on protection way and cost problem according to double protection, and problem falling-off development desire according to overprotectiveness of program in which patent right is allowed, and accordingly careful review is requested in protection system in the Patent Law.

목차

I. 서론
 II. 프로그램 특허성인정의 개정안 검토
  1. 특허법 개정안의 내용
  2. 개정안의 법적의의와 검토
 III. 보호대상과 보호객체의 저촉문제
  1. 서설
  2. 저작권법상의 프로그램
  2. 특허법 개정안상의 프로그램
  3. 저작권법과 특허법의 저촉문제
 IV. 권리 행사와 범위의 저촉문제
  1. 서설
  2. 저작권법상 프로그램저작물의 전송권 및 대여권
  3. 특허법상 프로그램발명의 양도 및 대여
  4. 저작권법과 특허법상 권리행사의 저촉문제
 V. 결론
 참고문헌
 

키워드

소프트웨어 아이디어 표현 특허법 저작권법 저촉문제 보호객체 software idea expression Patent Law Copyright Law problem to be against protect object

저자

• 권태복 [ Kwon, Taebok | 광운대학교 법과대학 교수, 법학박사. ]

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