Between Code And Law: Understanding Software’s Ambiguous Role In Intellectual Property

Keerthana Nr, Sastra University, Tanjore

Sarvesh R, Sastra University, Tanjore

ABSTRACT

Incorporating software into Intellectual Property (IP) law has caused heated controversy, owing to the difficulties of incorporating a continually changing digital asset within existing IP frameworks. Software occupies an ambiguous zone in intellectual property law, combining functional utility with creative expression, making it challenging to protect under existing legal classifications effectively. Copyright provides limited protection for code expression but fails to cover functional parts, whereas patents provide higher protection for functionality but confront challenges in establishing novelty and non-obviousness in an industry characterized by rapid innovation. Trade secrets provide a third option, allowing businesses to safeguard proprietary algorithms and techniques while lacking protection against reverse engineering. This article investigates these three key protection mechanisms, jurisdictional disparities, and the impact of international treaties on software intellectual property rights. It emphasizes the issues and ongoing disputes in IP law, emphasizing the necessity for a sophisticated legal framework that balances protection with innovation. Finally, the study advocates for the creation of hybrid models and international consistency to better suit the unique character of software in today's economy.

Keywords: Software, Copyrights, patents, IP frameworks, Functionality, Literary Work.