Protected Mode Study On Computer Software's Intellectual Property Rights

The previous question of implementing protection is how to confirm the protecting mode of computer software. Only when this question has been solved, could we do some farther research. But there are still many disputes on the question. Due to historical reasons, protection on copyright law is the mainstream modes of protections on computer software. With development of software, countries realize that protection on copyright law isn't a suitable mode, so they find other methods in practice. Nowadays, there are three theories, such as mode of protection on copyright law, mode of protection on patent law, and mode of comprehensive protection. These different modes based on different understandings to feature of computer software, they also give different projects.To choose the best mode of protection on computer software, we should take value goal which is protected by computer software as the tutor. While we also need to set standard with the factors, these factors could influence how to choose the mode of protection on computer software. The value on protecting computer software is not because of human labor which is included in software. It's also not because of software which satisfies human rights. In fact, it is because the function of computer software that could urge the enthusiasm of developers. Under this stimulus, the developers could provide more useful software to people. And it also could form a virtuous circle between exploit and using in order to produce perfect social benefit. The factors, which influence choosing the mode of protection, are determined by objective attribution of computer software. In turn, the system which is applied in protection of software needs to assort with statement of computer software. The object of system must include computer software. To be a new thing in frontier, the law which protects computer software couldn't include in traditional law. As its important function, we need to enact and promulgate a special law.There are three modules in this special law, including acquisition right system of computer software, contents of computer software, and the system of rational use in computer software right. These three modules couldn't totally use existed copyright law and patent law. But we could integrate these two special laws into the new special law.