By Angeliki – Myrsini Spiliopoulou,
Besides the numerous spoken languages, humans have decided to create even more—this time, however, by using another path: one that contains mathematics, variables, computers, and the lack of speech. These languages may not be the ones we use in everyday life, but they are, in fact the ones that dominate our world. Every action performed on a computer is made possible through programming languages, which not only provide functionality but also foster creativity in our lives. Unfortunatelly, just like every creator, so do programmers—no matter how smart they may be—they need protection to ensure that their work is not exploited by others.
A computer program could be defined as a set of instructions, designed to be used by a computer to achieve specific results. Like any intellectual creation, it needs imagination, critical thinking, proper judgment, and the ability to select the appropriate data to bear fruits. The invested time gby its creator, along with their effort and thought, must be protected; otherwise, those who made that achievement will benifit.
Every country’s legal seeks an answer to this dilemma: under which legal provisions are computer programs classified? According to the international Munich Convention, also known as the European Patent Convention, computer programs are not considered patentable (Article 52, Paragraph 2), no matter how imaginative they are. This is because a computer program does not produce a physical effect; it merely consists of instructions. This is a common decision since the beginning for most European countries, including Germany, France, Spain, Belgium, and others. Greece, following this convention and rationale, provides protection to computer programmers through regulations of unfair competition. While computer programs in the free market are protected in cases of imitation, like any other commercial activity, those developed within a busness are classified as private, as to confidetional company information. However, each country’s regulations differ.
In most countries, computer programs are protected as intellectual property, but their uniqueness and novelty are absolutely required. This is a solution that was officially adopted by the European Union in 1991 through Council Directive 91/250, after many of its member states had already provided similar protection in their national laws.
The EU directs its members to protect computer programs because they are classified as literary works under the Berne Convention. However, this directive does not change any national laws that give additional protection, such legislation on unfair competition, commercial confidentiality, e.t.c. Copyright protection for a computer program covers its form and any material used in its creation. Consequently, only these two elements need to be novel. In contrast, the underlying ideas and principles of a computer program—such as the algorithm and elements that enable communication between software, hardware and other computer networks—are not protected under any circumstances. Following this analysis, a logical question arises: what is considered to be an original program? According to the Council Directive, the sole criterion is that it must be the result of its creator’s personal effort, regardless of its quality.
The rights to a program come into existence upon its creation and incorporation into a carrier material, and they expire 50 years after the creator’s death. A creator may be a natural person, multiple individuals or a legal entity, depending on the national law of each country. They hold absolute authority to reproduce, translate, adapt and distribute programs, as well as to grant permission for the abovementioned actions to third parties.
