Creating a New Kind of Intellectual Property: Applying the Lessons of the Chip Law to Computer Programs

Abstract

That resolution will not and should not stop scholars from pondering the wisdom of Congress's decision, particularly when, in the future, developers of other new technologies take their cases for sui generis protection to Washington.The creation of a sui generis form of intellectual property law was a somewhat radical approach for Congress to take.In the past, Congress had virtually always incorporated new subject matters into either the patent or copyright laws rather than creating a new form of legal protection.4 The last time-4.The copyright statute has successively been amended to incorporate photographs, motion pictures, phonograph records, and in 1980, computer programs in machine-readable form.See Act of Dec. 12,

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