الإشكاليات القانونية للابتكار في مجال برامج الكومبيوتر : دراسة مقارنة

الملخص EN

Research in digital works, of which computer programs are one of its forms, has become of great importance, and that these programs or software, on the other hand, are often considered a complex mental work that is often the result of the efforts of not a few programmers, and its innovation takes long periods of time that may reach months or years, with what this innovation often requires financial expenses Not a little.

The importance of research in the innovation of these programs and the problems of this innovation, which without their availability, it will not be possible to say that we are facing a legally protected work because “innovation” is the basic condition for the protection of works.

Therefore, it was important to show the legal limits that regulate this innovation in the programs and the legal problems presented.

In this regard In order to identify the legal problems related to the element of innovation in computer programs, we relied in the research on a number of international and internal legislation in the field of copyright and intellectual property protection, including the TRIPS Agreement of 1994, the WIPO Copyright Treaty of 1994, and the European Direction for the Protection of Computer Programs of 1991, without neglecting The position of the basic agreement in this field is the Berne Convention for the Protection of Literary and Artistic Works of 1886.

As for the level of internal legislation, we worked on researching a number of legislations, including the legislation of France, Iraq, Egypt, Jordan, Sudan, Lebanon, UAE, Libya, Bahrain, Oman, Kuwait, Yemen, Syria and Kuwait, as far as the subject matter of the research was Concerned.