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Abstract

The term software is distinct from computer hardware like keyboard, processing unit, which can be physically observed by the user. It is generally used to portray a set of programs, procedures, rules and all associated documentation pertaining to the operation of computerized system. It is the outcome of one’s intelligence and endeavor; hence it is covered under Intellectual Property. Since it is the outcome of one’s intelligence and endeavor, its protection from unauthorized uses is required but its intangible form, which means you can’t touch them, makes it difficult. A question arises before us, ‘How to Protect Software?’ The answer is, in India it can be protected either through Copyright law or the Patents law but when & how, this is discussed in this paper with relevant issues and limitations. Legal & Judicial intervention, their grey areas and practices adopted by the giant companies are also discussed in this paper.

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