Computer Software Intellectual Property Protection Mode Research

With the rapid development of domestic economy and science & technology, and the continuously advancement of the modernization level of various industries, the application of computer software has become more abroad simultaneously. Software industry has been the core of information industry, and much attention has been paid to the legal protection of software in various countries to promote the development of domestic software industry. Computer software which embodies high technology and high economic value often brings the owner high profits. Due to the easiness of its duplication and not-so-heavy of the punishment strength to tort, software tort phenomenon is very serious. Nowadays, there are three theories and practices on protection modes of computer software, i.e., the mode of copyright law protection, the mode of patent law protection, and the mode of comprehensive protection. These different modes give different protection projects based on different understandings to the features of computer software. 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. However, as viewed from various perspectives of intellectual property, the present domestic protection system of computer software intellectual property is not perfect enough, and is not much adapted to the situation of our country and industry development level, and therefore this brings forward new challenge to theories and system design of intellectual property.This paper includes four parts. The prolegomenon mainly proposes the concerned problems of this paper, makes certain the importance of protection of computer software intellectual property, and introduces the research method adopted. The first chapter puts stress on digging their various properties as an intellectual property object on the basis of the features of computer software itself, for example, copyright property, patent property, commercial secret property etc. The second chapter mainly analyzes the actuality and existing problems on the protection modes of computer software intellectual property at the present time, and analyzes and uses the various overseas protection modes for reference. The third chapter is the last chapter of this paper, which, on the basis of expanding and analyzing the problems, presents advices with regard to the protection modes of computer software, and makes primary discussion on the basic architecture of distinct protection mode. Firstly, using the distinct protection by corresponding law to protect the different object, based on distinctly partitioning the different intellectual property rights objects of the computer software. The emphases of implementing the distinct protection mode are:defining corresponding intellectual property rights objects of the software from the external expression, the scope of design, every aspect and every step during the development process, then protecting them by corresponding law and rule of law. Otherwise, we need to strengthen the protection consciousness of the technical person in the software industry, and enhance the propaganda work and enforcement dynamics to ensure the implement of the distinct protection mode. At the same time, it is needed to perfect the existing patent protection system and copyright protection system for software in our country.