Open AccessCombined mechanisms of legal protection of software in cross-border business activities
Author(s) -
Д. Н. Поляков
Publication year - 2021
Publication title -
vestnik universiteta imeni o.e. kutafina (mgûa)/vestnik universiteta imeni o. e. kutafina
Language(s) - English
Resource type - Journals
eISSN - 2782-6163
pISSN - 2311-5998
DOI - 10.17803/2311-5998.2021.79.3.243-250
Subject(s) - intellectual property , software , business , order (exchange) , protection mechanism , computer science , computer security , artificial intelligence , control (management) , finance , programming language , operating system
In this article, the author examines the legally established mechanisms of legal protection of software rights available to entrepreneurs engaged in cross-border business activities. The author conducted an analysis of existing legal acts, including international treaties, establishing different egimes of legal protection of software rights. The author highlights the pros and cons of each of the available mechanisms of legal protection of software rights. The article reveals the main aspects of software as an object of intellectual property that are subject to protection by each of the considered mechanisms of legal protection available to right holders. In order to determine the features of different types of software and its impact on the mechanism of legal protection of software to be chosen, the author provides a classification of software types depending on the functionality, goals and methods of using and distribution of specific software. In order to minimize the disadvantages of existing mechanisms of legal protection and to ensure the protection of the most valuable features of a specific software, the author proposes combined mechanisms of legal protection that are of practical importance for ensuring comprehensive protection of software rights in cross-border business activities.