出版社：AHRC Research Centre for Studies in Intellectual Property and Technology Law
摘要：Whether two algorithms - described abstractly in a document or employed concretely in, for example, a computer programme - are ‘the same’ or different from one another, may be a crucial determination in certain legal disputes. Such disputes will range from trade secret thefts or copyright violations to the determination of the scope of a patent,1 which is the legal focus of the current paper.2 The court responsible for such a decision must find a balance between protection of the intellectual property rights of the claimant on the one hand, and avoidance of a false judgment against the innocent respondent on the other. It must also consider the contemporary sophisticated practices of software engineers and computer scientists who develop and implement algorithms as part of the establishment of prior art.3
