Infringement In Computer Software Research And Development

Along with the progress of social science and technology, the development of thesoftware industry is developing rapidly. The economic value of the software hasbecome increasingly prominent, and the competition in software market is getting moreand more intense. The infringement dissention among the software enterprises isincreasing gradually, especially in the disputes caused by computer software R&D.Although the cost of computer software R&D is high, it’s easier to copy and the costis lower. The unauthorized copying others’ computer code is a deadly threaten to theinterests of the software owners. It’s rare to copy simply or copy the code violationsdirectly like before. Now days, the infringements has become more technical. Theseviolations are mostly in the bonding part of intellectual property law and computertechnology. Therefore the behavior of cognizance the copyright infringement is morecomplicated. The central part of the computer program is its “non-text” part. It can’tobtain the patent or be under the patent protection until it meets the requirements of thepatent law as a technical solution. Thus, in this paper, I will be cognizance theinfringement with the help of copyright law and patent law. The main body is dividedinto three parts:Chapter one: Discuss the cognizance of copyright infringement which appeared inthe computer software development, according to China’s current intellectual propertylaw, and drawing lessons from the international cognizance method——“Idea/ExpressionDichotomy”,“Substantial similarity and Access "," SSO "," Abstract-Filtration-Comparison " At the same time we borrow some classical cease.Chapter two: Discuss the cognizance of Patent infringement which appeared in thecomputer software development. The technology applications programme combinedwith software and hardware equipment or methods can obtain patent protection, when theprogramme can improve and control the hardware equipment, or improve the technologymethod, and it reach the requirrments of patent law.Chapter three: The exception of infringement which appeared in the computer software R&D——“Reverse engineering”、“Clean Room Technique”。Description thelegality of the two actions，which are disputed in the international.