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Study Patent Protection In The Cloud

Posted on:2015-02-03Degree:MasterType:Thesis
Country:ChinaCandidate:R B YanFull Text:PDF
GTID:2266330428476946Subject:Law
Abstract/Summary:PDF Full Text Request
Cloud computing technology has developed rapidly since its concept being presented by Google’s CEO Eric Schmidt. It will bring the world fundamental changes of the business method and working mode, that is why the cloud computing trend is considered to be a new round of revolution in the area of science and technology. Most countries have realized the importance of cloud computing technology development. They try to seize the commanding heights of cloud computing technology by developing cloud computing development strategy. Intellectual property rights go ahead of technological development. It is a inevitable result that cloud computing will combine with the intellectual property rights, and cloud computing patent disputes appears. A system protection for cloud computing patent is important guarantee to realize the cloud computing strategic objectives.Cloud computing is Internet-based, which determines the cloud computing patents differ from general patents. This paper Ⅰ mainly use the theoretical analysis, case analysis, comparative analysis and other research methods. First of all, analyze the patentability of cloud computing technology itself by analyzing the characteristics of cloud computing. Secondly, the characteristics of cloud computing technology determine that the cloud computing patent protection in our country will meet special difficulties. The patent protection of algorithm and business method, infringement for cloud computing patent have no accurate basis in current Chinese Patent law. In this paper, the author conducts a legal analysis of the patentability of cloud computing from aspects above. Thirdly, this paper analyzes the concept of cloud computing, practice of cloud computing and relevant cases in foreign countries, it also points out that they have referential significance to constructing cloud computing patent protection system in China. Lastly, this paper analyzes the deficiencies of patent protection system in our country. By referring to foreign system and concept, this paper also puts forward a cloud computing patent protection system that suitable for China. We should protect the patent of cloud computing technology by expanding the meaning of related concepts, building up the standard of tort cognizance that suitable for cloud computing technology so that we can provide our country an important guarantee for seizing the commanding heights of cloud computing technology.
Keywords/Search Tags:Cloud Computing, Intellectual Property, Patent, Tort
PDF Full Text Request
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