소프트웨어와 컴퓨터프로그램의 법적 개념

A Study on the Legal Concept of Software and Computer Program

The software and the computer program are used in a variety of meanings in related fields, and their legal significance may be different. These two terms are described in various laws of our country. In particular, patent act, copyright act, and software industry promotion act are often mentioned in legal discussions of two terms in the field of intellectual property. In principle, the software and the computer program are different concepts, but these terms tend to be used interchangeably in general and are often used indiscriminately in legal discussions. In addition, legal definitions may vary from country to country depending on the historical background, legal environment, policy, and etc. of the law. However, the legal definition is very important in that it clearly and concisely determines terms that may be controversial and even more so in that the subject or the scope of protection may vary depending on it. In this respect, it is necessary to examine how WIPO, the EU, the United States, Japan, and Korea define these. Accordingly, this study examines the software, the computer program and related concepts of laws related to these in Korea as well as the international legislative practice. And then, based on the results that examined, this study reviews the legal meaning and the differences of the software and the computer program and discusses the implications.