| While the computer software industry plays a more and more important role in the society, the protection of computer software is becoming increasingly important. Although the copyright protection has become the accepted style in the word, it is not the ideal pattern. Thus states with the legal doctrine and judicial practice actively exploring other, more effective protection mode. The patent law, trademark law and trade secret law are not comprehensive. Not only they cannot protect the computer software effectively, but also has the possibility to create the software industry bogging down. In order to find a reasonable and effective legal protection mode and enable the software industry developing healthy, the article proposes the special legislative approach based on the analysis of the characteriatics of computer software, namely establishing computer software industry copyright law protected mode.The first chapter has analyzed the basic concepts of the computer software and the legal characteristics. In particular, it is different from other intellectual property rights of the characteristics of the products.ChapterⅡ,Ⅲ,Ⅳrespectively analyize the copyright law, patent law, trademark law and trade secret law as the legal protection of computer software. By compareing the countries to the above legal protection's advantages and disadvantages, then obtains the conclusion that the sole existing law cannot be able to protect the computer software effectively.The fifth chapter proposes the effective way and best choice is special legislation, which can effectively protect the legal interest of the right holder. Finally, the author has carried on the simple exposition to this kind of pattern's guiding principle and the basic framework. |
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