This dissertation is concerned with the historical development of international intellectual-property protection of topographies of integrated circuits and computer programs, and the contents of the currently in-force legal protection systems. Since the main field of interest in protection for integrated circuits and software clearly lies in copyright-, patent-, and sui generis law, other fields of protection such as title protection, trademark protection, contractual protection, technical protection, and protection via trade secrets are if at all only marginally touched and may be subject to further investigation. The aim of this dissertation is to outline the particularities that make up the problematic when protecting intellectual property for integrated circuits and software in the different legal protection environments under EC, WIPO, and WTO law. For historical reasons, the protection under U.S. law is also investigated. First the basics of software and topographies are introduced, then software protection and finally topography protection are discussed. For the sake of clarity, software- and topography-related issues will be presented separately. Each section begins with a basic discussion of the possible forms of protection for the respective area, followed by a detailed overview over of the historical development of international and European protection, again for each of the two technological areas. Then the substantive protection provisions are discussed, arriving at an outlook for the further developments to be expected. In the final section of this dissertation the two areas of protected technology will be compared and historically discussed.
By: Peter M. Klett
Published in: RZ3261 in 2000
LIMITED DISTRIBUTION NOTICE:
This Research Report is available. This report has been submitted for publication outside of IBM and will probably be copyrighted if accepted for publication. It has been issued as a Research Report for early dissemination of its contents. In view of the transfer of copyright to the outside publisher, its distribution outside of IBM prior to publication should be limited to peer communications and specific requests. After outside publication, requests should be filled only by reprints or legally obtained copies of the article (e.g., payment of royalties). I have read and understand this notice and am a member of the scientific community outside or inside of IBM seeking a single copy only.
Questions about this service can be mailed to reports@us.ibm.com .