Intellectual property applied to imaterial technology

challenges of law and theory

Abstract

This work seeks to feed the necessary debate on the patentability of computer programs and the immaterial technologies. In general, the majority of the law theory considers patentable only the software necessary to enable a technical effect on a hardware. The research problem is to know which ideal legal planning along with the defensive strategies should be adopted for the author to safeguard the intellectual property in this great market. The general objective is to analyze the effective strategies of defensive legal planning of intellectual property contained in computer programs during its development phase, market introduction and distribution. For specific objectives we seek to emphasize the importance of confidential contractual clauses during the development of softwares to enable the future defense of its copyrights, as well as to demonstrate the divergences caused by identical laws to both literary and musical compositions and computer programs. In addition, we search to show and discuss real cases and precedents. The research method is dialectical, the procedure was the comparative degree since it analyzes foreign and Brazilian judicial precedents on the subject. The research technique is documental and indirect. As a conclusion, it is noteworthy that the situation amounts to the need to adapt copyright in order to enable it to meet contemporary immaterial creations, or the implementation of these creations in industrial property. Such technologies had become as valuable as the equipment that holds them.