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Computer Law Review and Technology Journal

Abstract

Upon graduating with a computer science degree, Shannon Smith and her classmates started their own educational computer software firm called ABC Software (ABC). ABC observed that the computer software industry had grown exponentially since the 1980s due in part to industry-wide standards (like the Windows® platform) and the declining costs in computer hardware that have increased demand for computer products. Because ABC believes the software industry is knowledge-based, ABC need incur little research and developmental costs. ABC's ability to protect its software will be the determining factor in deciding where to distribute its products. Since the very nature of computer software makes it vulnerable to copying, ABC realizes that it must guard its most valuable asset with the strongest protection available--copyright or patent protection. ABC believes that its profits would likely increase if it could distribute its software to non-U.S. markets without fear of the software getting copied. ABC does not yet have the capital to invest abroad, but it is certain that it will in the future. Meanwhile, ABC would like to procure international copyrights and patents for its software.

ABC currently knows nothing about international copyright and patent systems. Nevertheless, it has determined that the best way to ensure the longevity of its software is to protect its software products by using the strongest protection available, both in the U.S. and abroad.

The prospects of enforcing U.S. copyrights abroad have been made easier by the General Agreement on Tariffs and Trade (GATT), the World Intellectual Property Organization (WIPO), specialized conventions, and a number of multilateral and bilateral agreements created for the purpose of making trade between member countries easier. Individual countries have also made efforts to standardize copyright laws by enacting unique intellectual property laws. Although these various legislative efforts and agreements have not eliminated the problems of cost, inconvenience, and bias that may accompany suing an entity in a foreign country, they have significantly reduced the uncertainty of not knowing which copyrights or patents may be enforceable in specific countries.

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