Software as Intellectual Property in International Copyright Law

Abstract

The rise of technology poses new challenges for IP, particularly in defining software as a form of intellectual property. Software’s classification is complex due to its dual nature and the combination of multiple IP elements. Nonetheless, international agreements like the WIPO Copyright Treaty (WCT), the WTO’s TRIPS Agreement, and the European Council Directive 91/250/EEC protect software as a literary work. In Indonesia, software is protected under copyright law, not as a patent. Act No. 28 of 2014 outlines specific protections for software, including reproduction, adaptation, and limitations on use. While registration is not compulsory, formal evidence such as a government copyright declaration is critical for legal disputes, making registration practically essential for copyright holders in Indonesia.