The Study Of China's Computer Software Intellectual Property Rights Protection

Computer software has been playing an important role in global informationalized economy and has huge economical growth potential in the Internet economical time and software industry has been the core in the Information industry. So the various countries all extremely take the software the legal protection to promote country software industry development. Computer software, in which includes high technology and high value often brings the owner high profit, the tort is serious to it because of its easy duplicate. The piracy is the one of the main tort forms; it has caused enormous losses to the enterprises and has harmed the development of software industrial. It makes the protection for software intelligence property outstandingly. With the globalization and the development of a knowledge-based economy, protection of copyright is widely used by countries in the world of computer software to carry out a way to protect intellectual property rights.In order to industry's prosperity and rapid development of the software, how to improve China's Intellectual Property protection system software, set up in line with the national conditions of China's software is the system of protection of the law need to address an important issue. On the one hand, it requires that the Chinese software industry communicate to the world, adhere to the treaties that China has signed, stimulate innovation, and protect private rights. But, more importantly, the Chinese software industry must meet the demands of our software needs and promote the beneficial spread of knowledge.This essay is structured into four chapters:The first chapter talks about the purpose and the significance of the essay.The two parts mainly expatiates the notions of software and intellectual property and software IP and necessity of protection.Chapter three is about the history, practice and model of software intellectual property rights. Firstly, this chapter introduces the basic conceptions and juristic characteristics, and discusses the historical process of software IPRP. This part illustrates the legal practice activity of software IPRP with the cases. Further more this part compares the differences, advantages and disadvantages of various institutions including copyright, patent, special legislation and trade secret law. It introduces the TRIPS Agreement, which increases the IPRP of whole world.The last section of this paper briefly introduces the status quo of China's software industry, analyzes the status quo of China's software industry and advances some advices for further development, questions the present software IP protection policies in China and suggests some measurements to meliorate it.In a world, the article on computer software for the protection of intellectual property research, China's current software in the legal protection of intellectual property rights system, combined with foreign legal system building in the mature experience, focused on the protection of different patterns between the comparison and analysis. Finally, it proposed construction of China's computer software system for the protection of intellectual property rights of the basic ideas and put forward legislative proposals.