PROTECTION OF COMPUTER PROGRAMS IN THE LAW OF THE WORLD INTELLECTUAL PROPERTY ORGANIZATION

Abstract

The article analyzes the mechanism of copyright protection of computer programs, prescribed by the obligations of the Berne Convention for the Protection of Literary and Artistic Works and the WIPO Copyright Treaty, which is a special treaty in connection to the former. An examination of the definition of protection object allows to state that it generally corresponds to the technical realities; however, it evades establishing the criterion of originality of a work, which can be perceived from the point of view of the theory of copyright as an omission. Apart from that, the list of exclusive rights that parties to the agreements are obliged to grant to the authors of programs is researched, possible exceptions are pointed out. The weak points of the mechanism are discussed as well: namely the relatively undeveloped system of obligations concerning the establishment of enforcement measures of rights by the authors, as well as an ineffective system of enforcement of obligations resulting from the Convention/Treaty. Possible directions of further research are noted.