In a century of unprecedented development in a fast pace, we expect human activities to be as fast as development. Software are building a friendly relation with businessmen since they are continuously simplifying their work and saving their time. Especially software concerned with legal profession are astonishingly awe inspiring. A recent launch of DPS software that proved to ease the work of lawyers and pave them way to exploit it anywhere anytime at the comfort of them to provide authentic and quality legal service[1]. The overwhelming reach of digital access and ability to accomplish tedious human activities in much minimum time than required, is increasingly demanding safety and security. Here is where there is intervention of intellectual property. IP for computer software involves four types namely patents, copyrights, trade secrets and trademarks. Each of the types provide different legal service. Where the technology of the software is required to be protected, patents, trade secrets and trademarks plays a role. Where the symbol that represents the technology is required to be secured, trade mark is used for the purpose. This essay elaborates the process of each step from the innovation of the technology, when can there be infringement, close relation of what Indian constitution sets out and its development, experts view or suggestions, and international approaches.

TYPES OF INTELLECTUAL PROPERTY 

1.     PATENTS

Any new invention in any sector of technology in entitled to and have the right to secure patent.

Patent is often twenty year period for the innovation. Usually, it must be applied for in patent office explaining its novelty. Once granted, it protects programmes, algorithms, ideas, system, methods and functions that cant be protected by any other IP. Its benefit are tailored mainly to enjoy the benefit of innovating by ensuring return on their commercially successful innovation, business collaboration, attract investment partners, business expansion. Although, critics argue that patents to software that are of less quality and that the grant is ultimately to mathematics. They suggest that copyright and trade secrets would be adequate IP protection. When a person exploit or sell an innovation without the original owners authorisation, that is where infringement is committed.

2.     COPYRIGHT

While it was explained about protecting ideas and technology of the software in the previous paragraph, copyright deals with source, object code and original elements of the user interface. However, the owner of the copyright have exclusive rights with the software to sell, copy, distribute the copies to public, modify or so. In India, even the new version is protected where as in many other counties, each version is required to be copyrighted. Copyright is mainly in order to protect the author from these exclusive rights being misused by a third party. Usually, copyright protection arises by default on creation of an invention and it is also free unless and until it is an original work. This is one of the advantages of copyright law.. Nevertheless, it can be and should be registered if infringement is to be filed against a third party. The duration of copyright is lifetime of the inventor plus another fifty to seventy years.

3.     TRADE SECRETS

This is a part of competitiveness that is mainly used to register the key formula, pattern, device, process, tool or mechanism that is usually not to be disclosed which gives a competitive benefit. Features like code, ideas and concepts also reflect into protection. Here, there is no restricted limit or expiry, as long as the industry maintains the confidentiality, trade secret lasts that long which is one advantage. When it comes to infringement, trade secret aren’t subject to such as unlike patents and copyright but they are entitled to theft[2].

IMPORTANT PROVISION AND IMPLEMENTATION OF LAW IN INDIA

1. Section 2(ffc) of the copyright Act 1957 defines “computer programme” in its efficient way the purpose and ability of it i.e. expressing instruction in various ways, being capable of performing various things. 
2. This, read with section 2(o) of the copyright Act 1957 that defines “literary work” inclusions i.e. computer programmes, tables and compilations including computer database.
3. Section 2(1)(l) of the Patents Act 1970 states what a new invention means.
4. Section 3(k) of the Patents Act 1970 excludes mathematical, business method,  computer programme or algorithms from being considered as invention^[3].

EXPERT OPINION 

The minister of state for electronics and information technology Shri Sanjay Dhotre on March 2020 confirmed that there is a national policy on software products that aimed to develop India as global software product hub driven by innovation, improved commercialisation, sustainable intellectual property and more. 

When a question arose regarding any mechanism for controlling usage of unauthorised/ illegal software under copyright Act. Minister for electronics and Information technology Shri Ravi Shankar Prasad denied any mechanism for it. Although, the law provides both civil and criminal remedy to the owner of copyright software against any unlawful exploitation of the software as per section 63(B)[4].

INTERNATIONAL APPROACH

In Europe, when IBM appealed for European Patent Convention excluding Computer programme as such from securing patent right, a key agreement made was that to comply with article 27 of TRPS Agreement that deals with patentable subject matter, it is not mandatory for exclusion of all subject matter to secure patent. 

In United States, to secure software related invention has set boundaries to those of recordable media and not to computer programmes. Event the Supreme Court have failed to extend the limit for software related invention being eligible to patent.

In Japan[5], computer programme are referred to as patentable matter. It also claims how the subject must be recognised if it must secure patent (“creation of technical ideas utilising the law of nature”). It should also be demonstrated clearly according to the patent office guidelines.

CONCLUSION 

Since late 20th century, software industries have relied on Intellectual property for immense security of their innovation that consists high commercial value. IP protects these software no less significant than hardware based innovation. The development of technology is a proof to requirement of better and stringent laws against criminal activities being committed. Therefore, critics argument and international approaches prove the requirement in national level.