A Study On The Trade-secret Protection Of The Computer Software

The trade-secret of computer software defines the information that possessed by the developer of the computer software,which could be used,and bring some value to the developer.The information should meet all the condition of trade-secret law.It's including the technology information and the management information.Because the trade-secret system of protection matches the characteristic of computer software,and it has some distinct predominance when it compare with the copyright and the patent,the trade-secret protection plays a important role in nowadays.The protection of the trade-secret of computer software should be focused on the balance of the exclusive right and the public interest.To be discussed not only the right to remedy,but also to discuss the limits of remedy,which means the dynamic use of the knowledge wealth.The characteristics of computer software as well as the important role which played in the field of production and living in the community,making the trade-secret of computer software has some outstanding characteristics compared to the general trade secret.These characteristics reflected in the restrictions of the use and the infringement protection on the rights.The subject of Non-compete Agreement should be narrowed,and the period should be shorter.For refusing to license the trade-secret of computer software may be caused by the monopoly,it should be regulated by compulsory licensing system.It should increase the defendant's burden of proof in infringement,because of the hidden nature of the Infringement of computer software.The reverse-engineer,which could rule out the possibility of infringement,should be limited to obtaining the necessary information on the extent compatible.By viewing the development of China's software industry on the status quo,the low threshold of protection should be the best option. Specifically,to take copyright and trade secret protection model is in line with the practice of China's national conditions.In addition,it should adopt the compulsory licensing system to protect the public interest community,when the monopoly refused to license the technology secrets.And limit the scope of the subject of Non-compete Agreement as the main executives,software engineers,systems analysts,at the same time period should not exceed 2 years.In the face of software trade secrets infringement dispute,the Court shall require the defendant to prove that access to the means of software trade secrets legitimacy.At the same time, reverse engineering,when applied to commercial purposes only in order to obtain the necessary information to develop compatible software original case,was excluded the effect of the infringement.Finally,in order to cope with fierce competition in the market,software companies should improve their own trade secret protection mechanism to enhance the software technology in order to protect commercial secrets,and establish a sound management system to against violations of software trade secrets.