컴퓨터프로그램보호법의 목적에 관한 소고

Study on the Purpose of Computer Program Protection Act

Computer Program Protection Act(CPPT) is categorized as a part of intellectual property system as a new intellectual property. In spite of that, CPPT is recognized as a special act of Copyright Act at present. But we must understand that CPPT is a legal system for computer program industry on the basis of the history of CPPT enactment and that this way of protection for computer program is just option. This means we can choose another way for the protection of invention or writing of computer program. Therefore, the way of protection on the basis of copyright for computer program is not absolute or unchangeable way and it can be changed along with the progress of the industry of computer program. Korean CPPT have a statute for these philosophy on Purpose clause. Although the purpose clause of CPPT shows the reason for being and the goal of policy of CPPT, it is doubtable whether the purpose clause is playing a role at specific cases and discussions. In conclusion, we should know the meaning of the purpose clause because the purpose clause shows the object and range of protection and the establishment of right or limitation for computer program. Also, as cases of USA or academic theories of Japan are using the purpose of Copyright Act, so we should use the purpose clause and we should know the purpose clause has great gravity for legal policy.