독일에서의 컴퓨터프로그램에 대한 법적 보호

Legal Protection of Computer Programs in Germany

A computer program is a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result. The popularization of Internet and the rapid development of Computer technology have generated many legal problems in the field of computer programs. It is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner. But in general the owner of copyright has the exclusive rights to reproduce etc. the copyrighted computer program. The way to determine the authorship of computer programs is different from the ownership of material objects and consequently it is very important that we should know when the author the rights of program obtain and what kinds of restrictions there are. According to principle“Idea/expression dichotomy”Copyright law can properly protect computer program expressions but does not protect ideas. However, Patent law can protect technical valuable of computer programs. Similar to that of Korea, it is uncertain in Germany whether the patent law can properly protect computer programs against infringement of Rights. Futhermore, it is difficult to decide the extent of Protection. This paper focused on the legal protection of computer programs in Germany especially on copyright and patent law protection.