CEU Electronic Theses and Dissertations, 2017
| Author | Akeneev, Meder |
|---|---|
| Title | Comparative Analysis of EU and US Legal Frameworks in Protecting Software: Finding a Better Approach for the Kyrgyz Republic |
| Summary | Even though software industry is actively developing in the recent years and receives governmental support in the Kyrgyz Republic, there is no substantial practice developed when it comes to the legal protection of intellectual property rights in software. Thus, one of the main goals of the paper is to determine which approach is more suitable for the Kyrgyz Republic. This thesis explores the existing legal mechanisms of software protection in developed legal systems, namely the European Union (EU) and the United States (USA). It also analyzes current situation with software protection in the Kyrgyz Republic, including the existing legal framework, established practice, and demand of the relevant stakeholders. In the Introduction, this work analyzes the nature of the existing problem, focusing both on the importance of the software industry to the Kyrgyz Republic and the specific qualities of software as an intellectual property. Chapter I of this work gives an overview of the existing legal framework in the EU and focuses on software protection by copyright and also gives attention to patentability of computer-implemented inventions. Chapter II gives an overview of the US approach towards software protection and focuses on software patents. Chapter III explores the relevant legal framework in the Kyrgyz Republic, presents the opinion of the high-qualified local practitioners, and suggests that the better approach for the Kyrgyz Republic is the one followed by the EU because of the already existing comparable legislation and a number of subsequent practical considerations. |
| Supervisor | Caterina Sganga |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2017/akeneev_meder.pdf |
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