Alternatives to IP; Special Reference to Computer programs, Open-Source Software and Non-Fungible Tokens

  • Elizabeth Elsa Simon
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  • Elizabeth Elsa Simon

    Student at Inter University Centre for IPR Studies, Cochin University of Science and Technology, Kerala, India

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This paper intends to enumerate various aspects of Intellectual Property (IP) protection for a computer programme and related functions. Every effort to finely express the ability of the human mind is needed to be appreciated highly. This is a basic assumption that again justifies the concept of proprietary interests in such intellectual works. Computer programs have designed human lives easier. From the initial stage of enabling smooth computation of accounts, it has become an integral part of our daily lives. So, the upgradation was very drastic and thereby advantageous. The easiness of illegally accessing or copying made it crucial to ensure protection. The entire article further deals with the limitations of each regime in providing adequate protection to computer-related inventions. This means the current IP regimes are not efficient to ensure adequate protection for computer programmes and software. It was the trade secret and contractual obligation that has been used as a protective shield for software. Later on, the scope for reverse engineering became a barrier. Now, various nations use copyright and/or patents for preserving these inventions. Although these are also not that much efficacious to safeguard computer programme. The emergence of free open-source software has resulted in dwindling the relevance of giving protection to software and computer programmes. In the present scenario, it is considered the strength of the producer to assure the protection of his invention from exploitation or infringement. This article contains cases from different legal systems and it enables to get the evolution of legal protection to computer software. Further, it includes Non-Fungible Tokens as an alternative to Intellectual Property Protection to Computer programs.


Research Paper


International Journal of Law Management and Humanities, Volume 5, Issue 4, Page 1574 - 1582


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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (, which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.


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