| With the constant improvement of China's modernization level, computer software is increasingly widely applied. The extent of its'own to create is more and more high; computer industry has now become a large-scale industry. In 2007, the party's 17th congress clearly stated, our strategic task is to transform the way of economic development, emphasizing china's way of economic growth driven by secondary industry must turn to rely on the synergy driven of the first second third industry. At the same time we need turn relies mainly on increased consumption of natural resources to rely mainly on scientific and technologic progress, improving the quality of laborers, management innovation. Therefore, in the new stage of economic development in China, particularly after the financial crisis of the times, we should pay more attention to software's development that belongs to the third high-tech industry. How to design China's intellectual property protection system for the computer has become a hot for scholars to research. China now has promulgated a number of related laws and regulations, however, whether these laws and regulations are reasonable and adapt to the evolving needs of the computer software industry, which is also the object of scholars to discuss.In this paper, the characteristics of computer software itself as the fundamental points, based on our national conditions of software development, software consume and the trends of software technology, China's intellectual property protection mode for computer are researched. This paper point that computer software has multiple attributes of intellectual property rights, the main IP attributes are copyright and patent property attributes. At the same time, the creative level of computer software is very differently. Therefore a parallel mode of copyright and patent is brought forward in this paper to protect computer software. Although China has clearly defined copyright protection system for computer software, but the relevant provisions are not fit China's basic national conditions. Also, China's computer software copyright protection system has defects such as high levels of protection, too long the protection period. In addition, computer software copyright protect only the form of computer software but not protect the core values reflect the design philosophy. The future of cloud technology may also make the computer software copyright protection system out of the historical stage. So we need to strengthen our patent protection of computer software. Our current patent law holds that the computer software itself is intellectual activities, and mathematical formulas, so only the overall combination of software and hardware can obtain patent protection. This is a misunderstanding of the software itself, such a system design for the software can not make enough stimulate interest to the software developers, and not conducive to the development of China's software industry. Therefore this paper sustain that, if a software meet certain conditions it should be granted patent protection, in the same time recommendations for adjustments of our computer software patent law are brought forward based on computer software's characteristics.In chapter 1 of this paper, the topic and research significance is statement. Recent research status of intellectual property protection of computer software is also combed.In chapter 2 of this paper, the characteristics of computer software are in-depth analysis, including its technical characteristics, intellectual property object attributes.In chapter 3 of this paper, the status of intellectual property protection system for computer software in China is discussed; its flaws are also pointed out.In chapter 4 of this paper, international, American and European's intellectual property protection systems for computer software are studied.In chapter 5 of this paper, some suggestions on how to improve china's intellectual property protection system for computer software are brought forward. |
PDF Full Text Request