The Copyright Protection Mode Study Of Computer Software

For the computer software, the law of the exactitude protects the mode choice seem to be to go to close the importance more and more. The lawmaking and judicatories of all countries practice the enunciation, using the copyright protection computer software is the most suitable and proper and the most actual protection method, adopt the copyright protection to become the protective main current of the computer software law. But, along with the fast fierce development of the high technology, use the copyright method protective blemish and shortages more and more obvious. This text protects a body and the protection object proper to belong to sex to set out from the law, having a foothold in the industry development and current law systems of the native computer software, at the same time, in consideration of the protection usual practice that nations go through and the trend of future, the writer think the computer software most appropriate law in our country protection mode is: Take the copyright method as the foundation, walk protective road of the industrial copyright mode.The chapter contents distributes to generalize as follows:Chapter 1 introduces the law concept and the law characteristic computer software and the classification of its law meaning. Among them in the law concept aspect, suggest to adopt" the computer program" technical term in the lawmaking aspect more accurate than" computer software" concept from now on; At the law characteristic aspect, think to protect the feather computer software to possess singly the characteristic with the specialized lawmaking mode.Chapter 2 is from the legal theory angle analytical computer software choice copyright protective theories according to, choose the protective law meaning of the copyright from the realistic angle argument computer software, and the computer software choose the copyright to protect analytical argument of possibility.Chapter 3 introduces that all countries take the copyright protection as the essential lawmaking present condition, the point lies in the protective lawmaking present condition of the our country computer software copyright. The problem that exist and don't adapt mutually from the adoption copyright method protection computer software, (( Regulations on the Protection of Computer software )) the lawmaking of the drafter incline the to both side, analyze { Regulations on the Protection of Computer software )) with (( Copyright Law of the People's Republic of China)) mutually the reason of the conflict. Further argument with: the specialized lawmaking of the computer software protect for direction, come perfect our country protective lawmaking shortage of the computer software law.Chapter 4 is from the introduction the category of the computer software case beginning, research analysis our country the computer software copyright judicial protective four law problems: The infringement behavior affirms to constitute with the infringement responsibility, the succor measure of the infringement litigation point of order, infringement litigation proof problem, infringement. And from here, the derivation chapter 5 thinks twice to test to our country computer software copyright protection.Chapter 5 is analytical by the protective shortage of the computer software copyright protection, again further determine specialized conceive lawmaking, put forward the lawmaking that builds up the industrial copyright protection mode's conceive. This is also a textual point chapter. And made to construct or purchase the analysis to the leading of the industrial copyright mode thought and frames design. Comprehensive many considerations of angle, get our country the computer software most appropriate law protect the mode to take the copyright method as the foundation, walk the industrial copyright mode protects the conclusion of the road.