Private Law

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Browsing Private Law by Author "Abdul-Rahman Jamil Mahmoud Hussein"

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    Legal Protection of Computer Programs : A Comparative Study
    (2008) Abdul-Rahman Jamil Mahmoud Hussein; Dr.Ghassan Khaled
    The subject of this research, the issue of legal protection for computer programs, a comparative study between the position of Egyptian legislature and the Jordanian, and the position of jurisprudence and judicial protection of computer programs in accordance with the law Patents and the provisions of the Copyright Act. Examined by this research, there are several trends, to protect these programs, the first is to provide direction Protection under the law of copyright, and has two aspects: First, to place software To the laws of copyright. Second aspect, the judicial and legislative opinion. There is only direction and conventional texts, for such protection have adopted some relevant government departments The implementation of copyright laws in this direction. However, the vast majority of States, are moving to amend the existing legislation, the rights of copyright to include Software. As for the position of the Jordanian legislature has been empty for a long period of the law of copyright protection, to That the great voices calling for the enactment of a law to protect copyright, that Law No. (22) For the year 1992, which put the protection of literary works, and that the law included from the outset Software Automatic protection accorded to literary works, as expressly provided in Article him in the third item Eighth paragraph (b). The Egyptian legislature, puts a legal protection of computer programs through the integrated system Include a concept for such protection, and nature, and the rights of innovative programs, whether moral or financial nature Of these programs and foundations have organized and did not differentiate between the protection of computer programs and other. It works best to develop the Egyptian legislature effective legal protection for computer programs And separated from the rest of protected works. And also examined the legislative position, to protect computer programs according to the law of patents. The position of jurisprudence and judicial protection of these programs, in accordance with the provisions of the Copyright Act. This research included the first chapter, which examined the computers and programs and subjects of protection. In chapter II, examined the rights of a computer program, in terms of the definition of copyright and nature Legal him, and examined the rules established for the protection of computer programs, and is competent Move the right action, and the stage of preliminary investigation and the competent court. In the third quarter, discussed the issue of protection of computer programs under the national laws studied: 1 - procedural protection software. 2 - pictures of such protection. 3 - preventive measures of protection. 4 - Means of substantive protection for computer programs, both civil and criminal cases. Then examined the protection of computer programs under international law, has been studying the protection of these programs. Through international organizations, in particular the World Intellectual Property Organization (WIPO) and the United Nations Educational, Scientific and Cultural Organization (UNESCO). Then, examined after the international conventions on the protection of copyright, such as the Convention (Berne) for the protection of Literary and art, and the Convention on Trade-Related Aspects of Property (TRIPS), and the Convention Universal Copyright Convention and finally the Arab copyright protection.