| Computer software as an intellectual work achievement, it should be under the protection of intellectual property rights is the consensus of people, however, to protected mode and the scope of protection, international law and governments of computer software based on the different countries and understanding the different demand, there is a great difference. How to reasonably efficiently protect computer software intellectual property to compliment our software industry is a problem worth researching.Computer software intellectual property rights protection mode, after nearly half a century development evolution, gradually formed the situation that copyright as the first choice, patent law, mainly trade secret law and various protecting mode coexisted. These kinds of each model has its advantages and disadvantages, but were unable to provides a perfect protection to computer software. In this paper, to explain the particularity of computer software by the method of comparison, and combination of technical analysis method and the historical analysis method, from the outline of computer software, expounds the overview of intellectual property protection of computer software theoretical and realistic significance. And of copyright, patent law and business secret law three software protection mode theory basis and defects were discussed. At last, the paper introduces the computer software in the legislation present situation and existing problems about computer software of our country, and author puts own opinions. Advice at the right time start-up software legislates to protect. |