| It was from the 1950s when computer software really became an independent business and industry. Software Industry was extracted from the Hardware Industry by the promotion of IBM. The Software Industry developed in an unbelievable speed especially during the upsurge of New Economy that characterized by the dominant of Information Technology. However, with the continuous development of Software Industry and the sudden cold down of New Economy, software relative problems and conflicts became more and more serious and pervasive. Software Intellectual Property Protection has always been the hottest issue among them.The subject of this paper is in the frontier of both the practical and theory areas. Viewing from brand-new angle, this paper carries out the research and investigation after syncretizing the ideas of New Institution Economics, Industry Organization Theory, Development Economics and Classical Economics, and closely connecting the issues and irrational phenomena in the real world.Domestic research of Software Intellectual Property Protection is still far behind the investigations of foreign countries. One major reason under this phenomenon is China's relatively weak Software Industry. Nevertheless, domestic scholars still care much about this issue for the upgrading important of Software Industry and the popularity of Network Technology. However, domestic researches on this issue are mostly set under the frame of law or classical Development Economics. There are relatively less scholars who connect this subject with New Economy and hold neutral attitude about software IP Protection.Effective protection of software intellectual property helps to form and enforce the monopoly position of software developers, which further helps to ensure extra-profit for them so that material invigorative mechanism for further innovationwould be formed. Nevertheless, too much protection would bring forward many negative impacts that should not be neglected.Firstly, extreme monopoly would come into being in the software industry.Secondly, it is to the disadvantage of the development of such kind of software as with broad application field and great user base.Third, too much protection cannot fulfill its original goals instead.Therefore, the author brings forth that we should have different measurements on different kinds of software products on the issue of software intellectual property protection.Based on aforementioned opinions, the author divided the paper into four sections:The first section mainly expatiates the notions of intellectual property and software IP; simply introduces the largely implemented software IP protection models all over the world, the general situations and opinions of both business software party and free software party, the existing universe piracy and extreme monopoly in Software Industry and the relations of them with present software IP protection measures.The second section mainly introduces New Economy rules and the influences of these rules on the supply and demand models of software, and further analyzes the outcome of the interaction of these new models.The third section brings forth the proposition that different software products should fit with different models of IP protection on the base of the first and second part of this paper. It also gives concrete reasons for the proposition and advances some suggestions to enforce its feasibility.The last section of this paper briefly introduces the status quos and development courses of the major countries of strong software industry, analyzes the status quo of China's software industry and advances some advices for further development, questions the present software IP protection policies in China and suggests some measurements to meliorate it.The major innovations of this paper can be summarized into the following points:1. Investigate the software supply, demand and equilibrium rules under the framework of New Economy.2. Probe into the answers to the problems about software IP protection by closely connecting...
|
PDF Full Text Request