| On the principle of protect and advance the healthy development of computer software industry, the author analyzes and demonstrates the limitation existed in the software legal protection in China, puts forward a assume that perfects the protection of computer software copyright and builds up the patent protection in order to strengthen and perfect the computer software legal protection. This article disparts five sections. The first section introduces the concept and characters of computer software, the second introduces the development and instance of the computer software legal protection in U.S.A, Japan and three representative countries and regions of EEMU, the third surveys the computer software legal protection in China; the forth section analyzes and demonstrates how to choice the software legal protection mode, and points out the limitation of the computer software legal protection mode existed in China; the fifth section puts forward a assume that perfects the computer software legal protection.At present, the computer software, which has the characters both of the Copyright Law object and the Exclusive Law object, is just protected by the Copyright Law. This protection is in formal but not in the concept of software. The software is creationary, should be protected by the Exclusive Law.In order to perfect the computer software legal protection, a computer software protection article shall be list in the Exclusive Law, and then constitute a special law to protect computer software that based on the Copyright Law and the Exclusive Law. Some sections deal with the right and obligation of middleman and end user, which are not the emphases of this article, are essentially dissertated due to the limit of the article length and the integrality of the article.
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