Volume 10 Issue 1

The Protection of Computer Programs Under TRIPS:

The Subject Matter Issue

ALEX JONES

This paper examines the legal protection given to computer programs, arguing first that hard wired programs and code implemented programs are functionally equivalent and should be given the same intellectual property protection and secondly that, although computer programs as a whole ought to be given intellectual property protection, their underlying conceptual and functional elements should not be protected. The paper examines the treatment of computer programs under TRIPS, along with the steps taken to implement the agreement in Australia and argues that in order to avoid giving indirect protection to the underlying elements of computer programs, the law should recognise a general right of reverse engineering. By not recognising that general right, the Copyright Amendment (Computer Programs) Act hinders rather than encourages the development of the Australian software industry.