| In the 90s of 20th century to start up in the international open source movement to promote a new model of software development and dissemination of---Open source software, matter of course,has important theoretical and practical significance.In theory,because of open source software in the development,dissemination,publication rules and operating mode are so different from the traditional commercial software.So it will pose a profound impact on patterns of legislation and legislative thinking to intellectual property system in the future;In practice,"free share" the spirit of the open source software has brought a rare opportunity for China's software industry.It is the best time for our country to develop the software industry.Therefore,at home and abroad the open source software caused great importance by the software industry and the legal profession.In this paper,the adoption of the following four parts,Analysis and research under the rules of the GPL open source software on the impact of China's intellectual property system:The first part of through a case led to one of open source software in the development, diffusion and use of intellectual property issues facing many.Pointed out that the current analysis of open source software to study the need for,so that our country be able to better development and use of open source software.This section reveals the practical significance of this study.Partâ…¡first outlined the concept of open source software,GPL concept and the relationship between them and a detailed introduction GPL permits a number of important provisions.Preliminary descriptions of the concept of the GPL;Rules based on the GPL release of open source software to fulfill those obligations should enjoy the rights which,as well as the provisions relating to patents and other.The theoretical part is the starting point for the thesis.Partâ…¢focus on analysis of open source software related to the most important types of intellectual property rights,That copyright and patents;Further through the introduction of software copyright protection in the development of,and then from the works of personal property and works on both the right to rule under the GPL open source software for analysis, Reveals the open source software on the impact of China's copyright system;Through the introduction of software patents in the United States,the European Union,as well as the development of our country,analyzed under the rules of the GPL open source software and software patents conflict.So as to set up our country with their own national conditions,and scientific protection of intellectual property rights of open source software system for reference.]Partâ…£the United States studied separately,the European Union,Japan,and the open source community's attitude towards open source software as well as the initiatives.Because of the open source movement is international,so as to set up our country in line with international standards of open-source software,intellectual property protection system provide a reference.At the same time that we should reach agreement with countries around the world,integration into the international community,improve the understanding of open source software.And for the third part of the problem leads to the open-source software development in our country should consider the law. |