Patent Protection Of Computer Software For Study

Today,the computer software is becoming a major factor of the social and economic development since it has been come into existence and also the legal protection of computer software is always the subject of the theory and practice of judicial sector concerns.At first,the computer software is protected through contract or trade secrets and in the 1980s, copyright protection mode,pushed by the United States,is the mainstream approach in the world.With the development of the computer software technology,the shortcomings of copyright protection mode are revealed and the patent protection mode is brought by the United States which has well developed computer software industry.With the world economic integration,the computer software industry is becoming an international industry gradually,so we must do international exchange if we develop China's computer software industry.We also should obey the patent protection mode with the accession to the World Trade Organization. Therefore,the present emergency question that we need to solve is how improve the computer software IPR protection legal system to make it not only to adapt to international trends,in line with China's national conditions.This dissertation from the start with the computer software characteristics,analyses the legitimacy of a variety of legal protection modes for computer software in accordance with Marxist philosophy of the labor theory of value.At the same time,this dissertation also analyses the United States and the European software patent protection as well as the status of China's computer software patent protection.This article also give some advises on computer software patent protection system in accordance with interests balance theory.There are four chapters in this dissertation.The first chapter introduces the conception of computer software and characteristics of the law of the computer software.The second chapter analyses different legal protection modes of the computer software and also analyses the legitimacy of legal protection modes for computer software.Then the conclusion is that computer software patent protection is necessary.The third chapter probes into the software patent protection in the United States and the European and introduces the status of China's computer software patent protection too.The fourth chapter researches the interests balance theory and give some advises on computer software patent protection system in accordance with interests balance theory.