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Abstract

For members of the World Trade Organisation, the decision whether to allow patenting of software innovations may seem to be foreclosed by Article 27 of the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS). However, a closer reading of Article 27 shows that this is not the case. This article considers how the structure of the software industry, and the nature of software development create difficulties when combined with the patent paradigm, suggesting that software patents are a problem best avoided. Although there are various attempts underway to mitigate the ills of software patenting, none offers a complete solution. By taking the path of implementing an alternative protection regime similar to that available for circuit layouts, it is possible to both meet TRIPS requirements and truly promote software innovation, without the extra baggage of a patent regime which struggles to adapt to the needs of the information age.

Item Type:	Article
Authors/Creators:	Hughes, AR
Journal or Publication Title:	eLaw Journal
Publisher:	Murdoch University
ISSN:	1321-8247
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