Mecanismos jurídicos de proteção da propriedade intelectual do software no Brasil: do direito autoral às patentes

Abstract

This paper seeks to scientifically explore the mechanisms of protection of computer programs in Brazil, more specifically, the institutes of intellectual property, such as copyright, which covers the registration of software, and the patent right, related to inventions implemented by software, both with the possibility of concession by the National Institute of Industrial Property. Based on the assumption that the central aspect of all intellectual property is information, a fundamental element in the context of the information and knowledge society, and under the perspective of the Economic Analysis of Law, this study aims to understand these protection regimes. Besides broadening the understanding in the light of international experience and its effectiveness against the binomial social cost and innovation and the implications of its overlapping. In this vein, employing the deductive method and through the bibliographical review of works, research, news, jurisprudence, precedents and data provided by the Institute itself, the research demonstrates that the existing protection mechanisms in our legal system can be compatible with each other and offer adequate protection to computer programs.