The Protection Of Computer Program By Intellectual Property Law

The inventions of computer, not only speed up the propagation of knowledge, but also bring about great effect upon the lifestyle of man. Due to the universal use of computer, man relies on computer even in education and communications. The circulation of national, national defense programs and economies all base on computer.Back to the different components of computer, software plays an important role. Software, which used to be developed from the computer hardware, is found to be developed even faster than the hardware. So in order to protect these computer programs from being used illegally, it is being subjected to the software's Intellectual property, which aims at discussing the protection of computer program by Intellectual property law.Because software represents the character of functional and literary .We concern on different special function of computer program in different stage so that different kinds of law are being used to protect the software, such as Copyright Law, Patent Law, Trademark Law and Trade Secret Law. So according to our foundation in the knowledge of computer program nowadays, it is rather important to know which is the most effective method to choose to protect software? And how to choose a legal method to ensure software development? Here, this thesis includes three parts:Preface, main text and conclusion. The main text is made up of three different parts.Preface:In this part, author will introduce the history of computer program development and give a full explanation on the definitions of computer program. Understanding the history and legal definitions of software, will avail us to discuss the protection of computer program.Chapter One: Introduction of the legal protection of computer program In this chapter, we start from the present protection of computer program. Explain how to protect software within our legal value and legal structure. Then, analyze the nature and character of computer program. In this part, we can distinct Intellectual property nature of software from different kinds of law. Chapter Two: Comparative legal protection of computer program In this chapter, we use comparative method to analyze United States, European Union and China Law how to protect computer program. And find the problem out of Copyright Law and Patent Law protection in software. Solve the main problem: how to protect and what kinds of subject matter are protected by Intellectual property Law.Chapter Three: The legal protection method of computer program Based on comparative method, we analyzed how to protect computer program by the legal principle and the theory of economic balance. According to the principle of Copyright Law and Patent Law, author propose The Copyright Law combine with The Trade Secret Law to protect computer program. Combination protective method can protect the computer program more effectively. Moreover, can improve the balance of individual benefit and Public interest.Chapter four: ConclusionFor the purpose of setting up a all rounded protective system, encourage and protect computer program development in our country , balance the benefit of public and individual of software publisher, connect with the protective method of the world ,author recommend The Copyright Law combine with The Trade Secret Law to protect computer program.