Analysis of the Protection of Computer Software Under Copyright and Patent Laws with Special Reference to Rwanda

Source abstract

The purpose of this research is to conduct a deep analysis of computer software authorship, specifically to the existing challenges on the scope of copyright, and patent system authorship by concentrating on the current software IP protection system in Rwanda.Nowadays, Computer software provides opportunities for enhancing knowledge, and it’s become the most important tool for communicating throughout our daily lives. it opens new possibilities for economic effectiveness, human booming, and creative expression in the digital age. With these new improvements, however, legislatures, and courts face the increasingly difficult task of generating intellectual property protection that is appropriate in scope and strength for the unique features and functions of the software. The current IP laws and systems are still had challenges, due to the particularity of computer software as they contain several elements, each of which could fall into different categories of IP rights. Currently, there are extensive disputes on whether the existing patent system, the copyright system, or a sui generis system, should provide protection for computer software.It is noted that the presence of copyright or patent systems, or the current separate developed legislation laws does not have enabled the creation of an efficient legal mechanism that would not cause substantial complaints from IP stakeholders, and different disputes on this matter are still ongoing. The IP stakeholders must additionally consider, on one hand, the social costs of granting exclusive author rights, and on the other, the need to incentivize innovation and ensure social well-being.Rwanda has had some form of IP framework since colonial times, and it is applying its global requirements to protect IP rights, including computer software copyright authorship protection. The current IP laws are not sufficient to protect software invention, and thus, some researchers recommend a special law for the protection of software intellectual property and stronger protection for systems than application software, however, others have a different point of view.This research will provide an in-depth analysis of the major failures within the current software IP protection systems especially in Rwanda, and recommend the best practice for the sustainable protection of these inventions. In this study, the legal system in Rwanda that governs computer software and programs is examined, along with its effectiveness in promoting technology transfer and development in the industry and safeguarding the intellectual property rights of local developers by focusing on patent and copyright jurisdiction.