Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Protection of Computer Software in the Indonesian Economic Development Perspective (Between Copyright or Patents)

Author(s): U.Sudjana , Hazar Kusmayanti , Ahmad M Ramli

This study discusses the protection of computer software related to the use of economic rights through alternative patent protection because at present, based on positive Indonesian law, the protection of computer software is in the copyright law. The results of the study show that software protection through Indonesian Patent Laws creates procedural and material constraints (legal substance). Procedural constraints relate to the registration process, costs, and time needed to become a rights holder. While the legal substance constraints concerning software protection through patent law result in constraints to Indonesia's economic development in the field of investment, unfair business competition, hampering innovation and the development of science. Thus, with regard to economic development, computer software protection is more effective through the copyright law regime

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