Beyond the Code

Although the law on infringement is relatively straightforward in relation to thecopying of literal and textual elements of software, it is the copying of non-literaland functional elements that poses complex and topical questions in the contextof intellectual property (IP) protection. In many cases, it is these non-literal andfunctional elements that contain the real value of a software product. This bookconcerns the copying of non-literal and functional elements of software in boththe United States and European Union, using a holistic approach to address themost topical questions facing experts concerned with legal protection of softwareproducts across a range of technological platforms.The book focuses on six distinct but interrelated areas: contract, copyright, patents,trade-dress, designs and trade secrets, discussing these areas separately and inrelation to one another. The book discusses software as a multilayered functionalproduct, setting the scene for other legal discussions by highlighting software'sunique characteristics. It examines models for the provision of software, addressinglicensing patterns and overall enforceability, as well as the statutory and judicialtools for regulating the use of such licences. It assesses the protection of non-literaland functional software elements under EU and US laws, focusing on internalarchitecture, interfaces, behavioural elements and GUIs.

Dr Noam Shemtov is a Senior Lecturer in Intellectual Property and Technology Law at the Centre for Commercial Law Studies (CCLS) at Queen Mary University of London. He has recently managed a team of researchers in a research project on Open Source licences funded by Microsoft. He is the LLM course convener for Intellectual Property and the Creative Industries at QMUL. He is the Director for specialist IP programmes: Certificate in Intellectual Property and theCertificate in Trade Mark Law and Practice. Noam is also a visiting lecturer at Univesidad de Alicante and at Universidad Autonoma de Madrid. He is a qualified solicitor both in the UK and in Israel.