Example 2
Title of Project
Legal protection of Computer Software: copyrights, patents and confidentiality, A Comparative study of the current law in the United Kingdom and the United States.
Aims of Project
英國dissertation網The project will examine the problems in the United Kingdom and the UnitedStates with the protection of computer software from the perspectives of thecomputer industry and the consumers, areas covered will be confidentialinformation, copyrights and patents.
Synopsis:
The ability to prevent others copying is just one aspect of protecting computersoftware. It is also necessary to know how to copy lawfully to remain competitive
without infringing the Intellectual Property rights of others. Protecting computersoftware is vital to success in obtaining and maintaining a competitive advantagein any industrial and commercial activity these days.The project will examine the development of legal protection for computersoftware from the past, where no definition for computer software existed through
to the present day where computer software is protected as a literary work, settingout the grounds for protection and the effect of lack of protection on the computer
industry.
http://www.ttc-switch.com/dissertation_writing/Law/The subsistence of copyright in computer software will be examined, mainlycomparing the law under the Copyright Act 1956 as against the Copyright,
Designs and Patent Act 1988 which is the current law.The United Kingdom approach to copyright protection for computer software shallbe explored. Factors considered by the courts will be examined to illustrate theUK position on the issue of non literal copying. Arguments for and against patentprotection for computer software will also be considered.
The idea/expression dichotomy will also discussed. Moving on to the UnitedStates approach, the Abstraction-Filtration-Comparison tests and the issue of userinterfaces will be considered. A comparison will be made between the UnitedKingdom approach to copyright protection for computer programs with that of theUnited States.
The patentability of computer programs will be closely examined. Why do weneed patents? The reason for which the software industry has found it hard toobtain patent protection for computer programs related inventions in the UnitedKingdom will be looked at and compared to the US approach. An overview of thefuture of this area of the law will also be investigated.
The technical overview of new and emerging technologies, such as thesemiconductor protection schemes, and the impact of this form of protection on
the computer software industry will be explored. Suggestions will then be made
of such a form of protection to some computer software products.
The law of confidential information is proposed as another method for protectingcomputer programs. The suitability of this method of protection will be reviewed#p#分頁標題#e#
by looking at the various elements of the law of confidentiality and comparing itwith that of copyright and patents.
The legal protection for computer software in the United States will also beexamined with the intention of learning from the American experience regardingprotection of computer software. Finally, the need for technical and legislativereform will then be identified, with recommendations that the UK law shouldconsider for the benefit of the consumers and those of the software industry.Proposed Plan of Work:
Chapter 1 - Subsistence of Copyright - General consideration
_ Setting out the subject matter of copyright in an introduction.
_ The Law prior to the Copyright, Designs and Patent Act 1988 - History
_ Discussion of Copyright Statutes of Computer Programs.
_ Focus on key issues such as: Duration/Ownership, Requirement of originality,
Permitted Acts.
Chapter 2- Copyright Protection for Computer Programs
_ Brief introduction of copyright for computer programs.
_ Analysing the United Kingdom Approach, including the courts factors in
determining non-literal copying.
_ The UK position on the issue of non-literal copying, including a focus on the
ideal/expression merger doctrine in the UK.
_ Analysis of the US approach, considering abstarction-filteration-comparison
tests, user interfaces and the ideal /expression merger doctrine in the US.
_ Conclusion, bring both UK and US findings together.
Chapter 3 - Patentability of computer-program related inventions in UK and US
_ Brief introduction of patentability of computer-programs and why we need
patents including arguments for and against patents for computer software.
_ Analysing the approach of the European Patent Office (EPO).
_ Analysing the approach of the UK including the Patents Act 1977 and
identifying relevant cases.
_ Analysing the approach of the US and identifying relevant cases.
_ Discussion of the future in this subject matter.
_ Conclusion of UK, US and EPO findings.
Chapter 4 - Confidential information
_ Brief introduction of Confidential information.
_ Identifying elements of the law of confidentiality.
_ A confidence comparison with copyright and patents.
Chapter 5 - Semiconductor protection schemes
_ Brief introduction into semiconductor protection schemes.
_ Examination of legislative background and semiconductor regulations in the
UK.
_ Examination of legislative background and semiconductor regulations in the
US.
_ Conclusion, brining both UK and US finding together.
Final Conclusion

Literature Review
Journals/Articles
Amin H, “Lack of Protection Afforded Software” (1995), Cleveland State Law
Review, 4(3), p19-49.
Beresford K, “Software Protection in Europe and the UK: Patenting v Copyright”
(1997), Copyright World, May, pp 31-35.#p#分頁標題#e#
- These articles, discuss the lack of software protection in the US. It will
be useful background reading for the introduction chapter.
Bainbridge D, “The scope of copyright protection for computer programs” (1995),
The Modern Law Review, pp 591-599.
- This article is useful for Chapter 2, as it debates the uncertainty in the
UK surrounding the scope of protection provided and the tests to be applied
in judging substantial similarity and infringement.
Chahil R, “Software Patents: Has Fujitsu taken us any further forward” (1997),
Patent World, September 1997, pp 15-18.
- Chahil discusses development of semiconductors and considerers them
英國dissertation網as an additional form of computer program protection. This is relevant
reading for Chapter 5 on semiconductors.
Duncan S, “Software and Copyright A Question of Function” (1997), New
Zealand, February, pp 47-51.
- This article is written from an objective view and outlines why we need to
protect computer software with a look at how consumers and industry are
affected. This is helpful as it provides a nice outline which will be useful
as background for the introduction.
Grewal M, “Copyright Protection of Computer Software” (1996), European
Intellectual Property Review, 8, pp 454-446.
- Grewal debates why we should learn from the US; he examines different
ideas about patients and the scope of protection in the US and gives
proposals for reform. His findings can therefore be analysed in the projects
conclusion.
Molyneaux M, “Patenting software related invention in the UK” (1999), Computer
Technology Law Review, January, pp 11-15.
- This is useful background reading for Chapter 3 as the writer discuss the
nature of patentable invention including arguments for and against patents
for computer software. The article also outlines important cases in this
field.
Trzyna K, “Patent Protection for Computer Programs: Scientific Wisdom of US
Law Turnabout Tolls the Bell for World” (2000), pp 12-20.
- This article discuss the technical and business methods of patent’s in the
US, including the Fujitsu application. This again will ‘contribute’ to
Chapter 3 which deals with: Patentability of computer-program related
inventions in UK and US.
Books
Carr, H and Arnold, R, Computer Software Legal Protection in the UK, 2nd ed,
Sweet & Maxwell 1992.
- See Below *
Hodkinson K, Protecting and Exploring New Technologies and Designs, E &FN
Spon, 1987.
- Hodkinson K, discusses future developments and forecasts the new
Technologies; these ‘new’ concepts can be discussed in the Conclusion.
Laddie, H. Prescott P. and Victoria M, The Modern Law of Copyright and Designs,#p#分頁標題#e#
2nd ed, Butterworths 1995.
- The author goes into depth regarding elements of the law of
confidentiality including a confidence comparison with patents and
copyrights; this is useful information to analyse in Chapter 4
Tapper C, Handbook of UK software Law, 2nd ed, Claredon, 1995.
- * These articles debate the current legal protection and ‘lack of’ such
protection at the present moment in time. Current measures then be
criticised and compared to the US equivalent.
Internet
www.fast.org.uk , The Bulletin for Corporate Members of FAST.
www.uspto.gov, Mellor C.
www.times.com, The US Times.
www.usa.ft.com, The Financial Times.
Material from the US will be accessed via the World Wide Web through
University of Wolverhampton subscriptions such as Athens (www.wlv.ac.uk/lib)
and Westlaw (www.westlaw.co.uk). Personal contacts in America will also be
utilised, with communication via email.
- These websites are a useful tool to obtain up to date recent developments
http://www.ttc-switch.com/dissertation_writing/Law/including: Cases, Statutes and Reports. Many journals can be found online
through the University search tools. This will also be a useful source to
obtain information from the US