The Research On The Path Of The Software Intellectual Property Protection

The software industry is the information industries core and the soul. The software industry surmounted itself widely to seep all the various trades and occupations and impel the tradition industry and the emerging industry, gets up the multiplication effect. In order to seize the economical commanding point, we must speed up the research process of the intellectual property rights protection system to knowledge economy function by fully displaying it, Therefore the government should create the appropriate external environment, formulate the reasonable system to achieve to the software intellectual property rights protection goal. This needs to analyze the rationality of the intellectual property rights system. Because the different software protection way all has its advantages, therefore, this article is aim to seek the appropriate software protection system in order to promote our country's software industry development and enhance its competitive power through analyzing various countries' computer software protection practice, and the software the concrete characteristic as well as our country's special details.This article include following several aspects:(1)Synthesize each national path of intellectual property rights protection and use the case and the comparison methods to discover insufficient and reference.(2)Use the questionnaire method to collect correlated data and carry on the analysis with statistics principle to acquire the conclusion.(3)Put forward the proposals on the rationality of software intellectual property rights protection system of our country through the prescriptive research and the demonstration research.Through surveying the intellectual property rights specialists, we know that majority attorneys and scholars favor in carrying on the protection using the copyright law in our country. Copyright protection duration is expected 13.14 years and the patent protection duration is 6.64 years. This also shows that respondents hope that by reducing the duration of protection to promote software updates. Most of the respondents still hope that through special legislation to protect the software.However, the survey also showed that the majority of lawyers in the software do not support a special legislative protection. Respondents generally support the protection of special legislation strength than the strength of patent protection. The life of Software protection through specific legislation is an average of 6.73, than expectations of patent protection period slightly higher.The majority of respondents are in favor of the combination of the software copyright, patent and trade secret protection. They hope that the existing laws can work well and supply suitable protection on software. Software patent system is impacted by the staff's experiences and the judging criteria. Therefore in order to improve the examination system, we must develop a reasonable criteria and fully use advanced experience of the staff.Compared China's protection path of intellectual property rights with the United States, we find that the tendency of the United States in recent years is the return of the conservative stage of copyright protection, that is, narrowing the scope of copyright protection and preventing monopoly for the development of new software to create a relaxed environment for development. Although software patent protection of the United States twists and turns, but the scope of protection is continually expanding. Compared to the United States, China is in a short period of time on the same international standards, has not experienced different stages of the development process. China's legislative process of software copyright protection is influenced by the United States. China's legislative process of software protection is lack of local experience and do not have enough time to carefully weigh the feasibility, pros and cons on every level, thus making the legislative process with characteristics of emergency.