Research On The Issues Of Intellectual Patent Protection Related To The Software And Info-Service Offshore Outsourcing

With the rapid development of economic globalization and wild application of software development technology, internet technology and telecommunication facilities over the world,the industry of software and Info-service offshore outsourcing has became a new promising industry and an important part of modern service industry. In the area of global industry of software and Info-service offshore outsourcing, lots of international enterprises which are the parties issuing contract prefer contactors in the developing countries because of the lower-cost, which means both a great opportunity and a severe challenge for the developing countries. The prosperous of industry of software and Info-service offshore outsourcing needs high level protection of intellectual property ("IP"), but it is an obstacle for developing countries to conquer because of their low level protection of IP, including China. The development process of China's industry of software and Info-service offshore outsourcing gradually reveals a lot of problems, particularly the problems in IP protection. The foreign employers are afraid of suffering huge economic losses because of lacking enough protection of their IP. Therefore, the weak protection of IP is a huge barrier for the development of China's industry of software and Info-service offshore outsourcing. As to the IP problems in China's industry of software and Info-service offshore outsourcing, the author hopes to analysis it more specifically and make out some suggestions to improve it.Except the introduction and conclusion, the paper is comprised of five chapters:The first chapter is the overview of software and Info-service offshore outsourcing. This part includes the concept of it, the legal characteristics of it and issues of IP protection brought by it.The second chapter is about copyright issues related to software and Info-service offshore outsourcing. This part is focusing on the ownership of the copyright of the final products, combing the comparative research of the copyright legal protection system in USA, Japan and India. And the suggestion of improving China's copyright legal protection is followed.The third chapter is about patent issues related to software and Info-service offshore outsourcing. This part is focusing on analyzing the patent protection of core technology and software code. Learning from experiences of patent protection in USA, Japan and India, we should make some effective efforts to improve the patent protection of software and Info-service offshore outsourcing in China.The fourth chapter is about trade secrets related to software and Info-service offshore outsourcing, which includes the technical secret, business secret and other secretary information. In this part, those issues are elaborated one by one through the empirical proof.The fifth chapter is about the recommendations of improving IP protection in China's industry of software and Info-service offshore outsourcing. In the dimension of nation, industry and enterprise, we put forth proposals for optimizing IP protection system of China's industry of software and Info-service offshore outsourcing...