| The legal protection of software is growing more important with the development of software industry. Currently, most countries in the world adopt copyright law to protect software; however, it is not only a common literature works for people to read and appreciate; it has its own fundamental character of technical function. In the whole process of developing software involves some problems concerning trade secrets such as calculating and programming techniques. As a product independent from hardware, it belongs in the ordinary circulating commodities. Software is related to many areas including copyright, patent, privilege of trade secrets and trademark right, so its full and effective protection can be realized if we combine various special laws such as copyright law, patent law, trade secrets law, anti-unfair competition law and trademark law, but in China, expand the scope of software protected in patent law; restructure the patentability conditions of software; get rid of the obstacles of granting patent to software; impart the real right of free choice to software patentee under the condition that the ideal protection has not attained by special laws. Therefore, it is essential for us to study the legal protective pattern of software.Starting form the concept and character of software, this dissertation fully compared the advantages and disadvantages of various protective patterns; thoroughly analyzed the history and current trend of software protection in the U.S.A., EU and Japan and the chapters concerning patent application examination on computer programs in Examination Guidance, put forward several suggestions and solutions to software protection.
|
PDF Full Text Request