Equitable Intellectual Property Protection of Computer Programs in South Africa: Some Proposals for Reform

Abstract

This paper provides a brief overview of the copyright, patent and trade secret protection of computer programs in South Africa and then sets out suggestions for how this protection could be altered or better implemented to create a more equitable balance between creators’ and users’ rights. The overview of intellectual property (“IP”) protection of computer programs is brief as there is already a substantive body of South African specific literature that discusses it extensively. This paper’s main focus is the evaluation of the equity of the protection and making reform proposals.

Keywords: copyright, patent, trade secret, protection, coputer programs, South Africa