| Computer, which is a kind of intangible technical product and the inevitable product of the development of science and technology, includes program and text. How to recognize computer software' properties and protect it legally has become the hot issue discussed in the legal circle. However, no any agreement on it has been obtained yet.Computer software, based on its life process, can be divided into three types, i.e., mode of development, mode of product, and mode of application, which respectively show three corresponding right patterns that are pattern of business secret, pattern of copyright and pattern of patent. Jurisprudentially, those patterns essentially reflect the attributes of intellectual property with a focus on the economic right.In terms of history and jurisprudence, the legal protection of computer software is historically necessary and the change of its protection model is the product of legal choice. However, from the angle of positivism, any single law cannot provide thorough and powerful protection for computer software.The aim of legal protection of computer software is to prevent the legal system from becoming the umbrella over the monopoly of the concerned industry and to secure the balance of interests of the concerned parties. Therefore, it is especially important to establish those principles, such as balance of interest, autonomy of intention, efficiency and fairness.On the basis of the above aim and principles, as well as the diverse properties at different stages of computer software's life process, the existing legal resources should be re-disposed and the concerned systems should be coordinated in order to establish a comprehensive and harmonious legal system centered on Anti-Unfair Competition Law, Copyright Law, Patent Law and Contract Law. In this system, each lawshould be applied respectively to different right patterns of computer software accordingly in order to provide thorough and effective legal protection for computer software.
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