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CS Professional · Artificial Intelligence, Data Analytics and Cyber Security - Laws and Practice · Softwares and Software Security

Zenith Analytics develops a data-cleaning algorithm in India and wants protection for the software. Which statement reflects the position under Indian law?

In India, software source code is protected by copyright as a literary work, while a computer programme per se is excluded from patentability under the Patents Act. Only inventions showing technical effect or contribution may qualify for a patent. Trademark protects brand names, not the code.

  1. ASource code is protected as a literary work under copyright, while a computer programme per se is excluded from patent protectionCorrect
  2. BSource code is protected only as a trademark
  3. CAny software is automatically patentable once it is written
  4. DSoftware cannot be protected under any Indian IP law

Explanation

Computer programmes are treated as literary works under copyright. The Patents Act excludes a computer programme per se from patentability, though inventions with a technical effect or technical contribution may be considered. Trademarks protect brand identifiers, not code, and not all software is patentable.

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