| Computer, which is a kind of intangible product of science and technology. It is withinthe scope of intellectual property rights protection. While the computer software industry isplaying a more and more important role in the state economy, computer softwareprotection is becoming increasingly important. This article attempts to do some researchesinto performing international obligation, cracking down on counterfeit software andreinforcing the legal protection of computer software after entering WTO. I try to analyze apractical legal protective pattern of computer software in China in the new era.The computer software possesses duel natures"a piece of writing"and"a tool".Therefore, it has been a controversial regal issue of different countries that which type oflaws is applicable, copyright law or patent laws. In this essay, I try to do some researchesand analysis into Chinese and foreign software legal protection system and make acomparison on software development and legal protection trend, and legislative system forcomputer software legal protection system.The present law on computer software protection in China is a comprehensive methodthat combines Copyright Law, Patent Law, Trademark Law, Anti-injustice CompetitionLaw and Commercial Secret Law. This protective pattern functions effectively at the firststage of software protection legislation, but now its disadvantages keep emerging and theyneed to be researched and solved out.This article suggests a comprehensive industrial copyright law for the computersoftware protection. It is recommended that a specific law that combines IndustrialProperty Law and Copyright Law be established which may serve as a solution forsoftware protection. |
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