Copyright vs. Patent: Exploring Intellectual Property Protection Boundaries for Software

<p>This article examines the legal protection boundaries of software within the intellectual property system, particularly focusing on the ambiguity between copyright and patent regimes. The main issue addressed is whether software with technical functions should be protected solely through patents or whether copyright is sufficient, considering the dual nature of software as both an expressive work and a technological tool. Using a normative legal approach, this study analyzes the national legal framework and compares it with other jurisdictions. The research findings indicate that dual protection without clear boundaries may lead to legal uncertainty, especially for software industry players who require clarity regarding their exclusive rights. Therefore, a more assertive and harmonized legal policy formulation is needed to ensure optimal protection of software in both its creative and functional aspects.</p>

Authors

Publication Details

Journal
Jurnal Penelitian Medan Agama
Published
2025-07-30
DOI
https://doi.org/10.58836/jpma.v16i1.25412
Primary Topic
Law, AI, and Intellectual Property
Type
article
Field-Weighted Citation Impact
0.00
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article

Copyright vs. Patent: Exploring Intellectual Property Protection Boundaries for Software

Ira Thania Rasjidi, Hendrik Agus Sutiawan, Amelia Anggriany Siswoyo
Jurnal Penelitian Medan Agama
Law, AI, and Intellectual Property
article

Copyright vs. Patent: Exploring Intellectual Property Protection Boundaries for Software

Ira Thania Rasjidi, Hendrik Agus Sutiawan, Amelia Anggriany Siswoyo
article en

Abstract

<p>This article examines the legal protection boundaries of software within the intellectual property system, particularly focusing on the ambiguity between copyright and patent regimes. The main issue addressed is whether software with technical functions should be protected solely through patents or whether copyright is sufficient, considering the dual nature of software as both an expressive work and a technological tool. Using a normative legal approach, this study analyzes the national legal framework and compares it with other jurisdictions. The research findings indicate that dual protection without clear boundaries may lead to legal uncertainty, especially for software industry players who require clarity regarding their exclusive rights. Therefore, a more assertive and harmonized legal policy formulation is needed to ensure optimal protection of software in both its creative and functional aspects.</p>

Jurnal Penelitian Medan AgamaVol. 16(1)
Openalex Percentile: Top 91%
Law, AI, and Intellectual Property
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