MULTIPLE INTELLECTUAL PROPERTY RIGHTS PROTECTIONS TO THE COMPUTER PROGRAM
computer program protection; software; intellectual property; computer-implemented invention; copyright; industrial design; jurisprudence; decision making
The computer program, also called software (although the subtle distinction made by some authors), received in 2021, only in Brazil, approximately US$ 49.5 billion in investments, according to the Brazilian Association of Software Companies (ABES). In this work the terms computer program and software were used equivalently. Therefore, the need for adequate protection of the intellectual property involved is justified, which, given the nature for computer program, can present itself in multiple forms. This work focuses on the analysis of the three main forms for computer program protection in Brazil: invention patents, copyrights and visual aspects. In addition, it analyzes the jurisprudential understanding on the subject, as a basis for decisions to be made when choosing the most appropriate protection. The general objective of this work is to propose a manual to identify possible forms of protection, via intellectual property assets, for computer programs in Brazil, containing auxiliary elements for decision making. The methodology used included a survey of specialized national and international doctrine, research in patent databases, study of scientific articles, manuals and guidelines from the INPI, and analysis of court decisions on the subject. The justification is based on the growing need for protection, in order to enable the economic exploitation of the computer program in a safe way, allowing the return on the intellectual investment, time and resources spent, as well as the attribution of legal security to the right holder and the consumer, considering that the damages resulting from infringement are usually economically significant. As a result of the studies obtained, an article was produced, and a manual was provided to society in general, developers, the software chain, and operators of law, which identifies and provides orientation as to the possibilities of one or multiple protections of the computer program by intellectual property rights.