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Intellectual Property Law. Coursework

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Intellectual Property Law
Coursework Part 1: SWM53
Stavros Mouroutis
10829843

Table of Contents

References 8
List of Legislations: 9

According to section 11 of the Copyright Designs and Patents Act 1988, the author of a work is the first owner in any copyright unless the author is an employee who created the work in the course of employment. Consequently, when a programmer is employed, the source code he develops is owned by the employer, unless, certainly, contractual restrictions override this default rule. The central issue in the instant case is whether the former employee has infringed the copyright that the original company owns in its software and whether the original employer’s legal team could pursue an action against the start up company.
A piece of computer software comprises a program, which is a series of instructions expressed in code, intended to cause a particular result when used in computer hardware. Computer software is afforded copyright protection as a category of literary work and enjoy copyright protection under sections 1(1) and 3(1) (b) Copyright Designs and Patents Act 1988 [1]. In order to be an original literary work, the computer program must be the product of a substantial degree of skill, labour and judgement by the author. This was decided in the case of University of London Press Ltd v University Tutorial Press Ltd [2].
However, the Copyright Designs and Patents Act 1988 does not define computer program and this allows for law

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