Company ABC is specialised in the area of creating software as per the needs of the clients. It developed a software which enhance the performance of the computer in terms of speed. Company ABC wants to provide the IPR p

Computer Software is a matter of Intellectual Property Rights protection and recognized at International Level by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). TRIPS provide patents as well as copyright protection to the computer software. However, there are conceptual differences between patents and copyright. Therefore, the protection of the computer software has to qualify the eligibility criteria of the patents or copyright to claim the protection of IPR. For protection of software for patent rights, the eligibility criteria of novelty, non-obviousness etc. has to be with regard to the software. However, the Patents Act, 1970 excludes certain innovations from the purview of the Patent Act, 1970. Section 3 and 4 of the Act specify a list of subject matter that is not patentable, in particular "a mathematical or business method or a program per se or algorithm" is of a specific importance to a software innovation (Section 3(k)). The Indian Patent law does not contain any specific provision regarding the protection of computer software. Computer software on the other hand is protected as applicable to literary and aesthetic works. Computer software which does not have a technical effect is protected under copyright law. A computer program is therefore dealt with literary work and the law and practice in relation to literary works will apply to computer programs. For a copyright protection, computer software needs to be original and sufficient effort and skill must be put into to make it original work of the author. A program which generates multiplication of tables or algorithm may not suffice the degree of efforts required for protection. Apart from it, the work should be first published in India or if published outside India, the author on the date of publication should be citizen of India.