Research On Legislative Protection Of Computer Software's Intellectual Property In China

Computer software's intellectual property rights is legally entitled to based on computer software and intellectual property. The difference with the general intellectual property, computer software, intellectual property rights both "work" and "patent" of the dual nature, and has a strong social vulnerability and. World-wide computer software intellectual property protection legislation went through, explore, copyright protection and copyright protection in order to establish an international three stages. In the context of China's accession to the WTO, to strengthen our computer software intellectual property protection legislation and promoting the level of computer software and intellectual property protection of China's software industry and information technology in national economic development, and computer software will help balance the interests of development and use of intellectual property relationship. At present, China mainly adopted is copyright, patent, trade secret protection of intellectual property protection of computer software, supplemented by a comprehensive legislative model. This legislative model has a large scientific, but our computer software, intellectual property protection legislation both at the macro on the legislative intent, the legislative principles of the establishment, or in the micro design of the legal system are still there from the national conditions, the shortcomings of the protection is too high. Therefore, to improve our computer software, intellectual property protection legislation is to establish a party "to promote the legitimate use of software users" and "to promote China's software industry," the legislative purpose; Second, adhering to the "best-effort, within our capabilities," the guidelines, seeking truth from facts, a reasonable draw and absorb the legislative principle of legislative language easy to understand; third is by shortening the term of protection, reducing the end-user protection level, the abuse of computer software to establish and improve the regulatory mechanism of intellectual property and other measures continue to improve intellectual property protection of computer software in China The content of the legislation.