Protection of Software and Computer Programs Through Trade Secrets

Software protection is provided not only through droit dauteur (copyright) and patent system but also by the trade secrets system. In Iranian legal system, article 65 of electronic trade law 2003 considers the software information as trade secret. This protection needs the observation of three elements: secrecy of information, economic value and reasonable information protection. The method of application of these three elements to software has the particularities that cannot be found in other areas protected by trade secrets. Finally, the vast economic value of the same software necessitates contractual mechanisms that follow the special principles to avoid disclosure of information.