The Research Of Chinese And Foreign's Computer Software Protected Legal System

In order to perfect our country's intellectual property legal protected system, this essay does some researches about Chinese and foreign's software legal protected system ,and does some introductions about the software's developing and legal protected trend, the other countries(U.S. ,Japan, India, Brasil, Chinese Taibei.etc.) and Chinese legislative situation on computer software legal protected system. It sets forth basic conceptions of computer software, principle part, content, and ascription of computer software copyrights and the scope of computer software protected by laws starting from the basic theory of computer copyright software protection. Through analyzing the differences between computer software and other works protected by Copyright Law, the conditions for computer software to be protected by Copyright Law are pointed out; and what should be protected and what should not be protected by Copyright Law are definite. According to basic principle of Copyright Law and Civil & Commercial Law with regard to infringement part, the article also puts forward the systems of regulations to determine computer software infringements, namely Basic Regulations, Special Regulations. It generalizes the methods to determine computer software infringements, namely the Method of Ideological Concepts & Expressions, Material Conformity Plus Contact Method, and Abstract-Filtration-Comparison Inspection Method. Legal basis to determine computer software infringing acts is found in Computer Software Protection Regulations newly issued in China. Infringing acts on computer software and legally using acts that do not infringe on software copyright are divided. At last the article discusses what legal responsibilities should be born by infringing acts on computer software copyright.