Intellectual property protection for computer software: how much and what form is effective?

Computer software legislation and judicial decisions have proved inadequate to protect computer software. Moreover, these forms of protection have failed to understand the essential nature of software. By attempting to fit computer software into ill-fitting moulds of protection, such as the Patent and Copyright Acts, international courts and governments are effectively ensuring that computer programs and databases are either over or under protected. Through an analysis of the present levels of protection afforded software by Canada, the European Union and the United States, it becomes clear that a unique form of Intellectual Protection is necessary for software and databases. At this time, Canada is offering almost no protection for computer programs and databases, whereas the United States, through judicial decisions such as that given in the State Street case, have opened the floodgates for software patent claims. Europe exemplifies a happy medium.