This paper analyses the main aspects of computer programs intellectual property rights, with focus on the differences between free and proprietary software and the policies for innovation in Brazil. It contains a conceptual review of the main characteristics and legal effects of proprietary and free software. It is considered that the legal protection is distinct according to the destination of goods, as capital goods, in which computer programs work as inputs for the production of other goods and the provision of services, or as consumer goods, normally intended for final use or consumption. This paper approaches software as a capital good in businesses and as an input for providing public services.
Intellectual Property Law; Software; Standard; Brazil