How is Computer Software protected in India?
In India, software can be protected under the Copyright Act,
1957 or the Patents Act, 1970. It can be protected under the
Patent Act only if it has a technical invention. Section 2 (o) of the
Copyright Act defines "literary work" and includes
computer programs, tables and compilations including computer
databases. Thus, it is explicitly protected. The same remedies will
follow from the infringement of the copyrighted computer software
which are allowed in case of any other infringements.
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