| With the development of computer science and technology, the could computing,which is considered to be the third IT revolution, is in full swing cloud rapiddevelopment.in the cloud computing environment, software rental behavior of SaaS modeput forward new demands to the traditional laws and regulations. The related intellectualproperty laws and regulations of software have also been very comprehensive andcomplete. Both the "Copyright Law" or "Computer Software Protection Regulations", aremade to the software copyright regulations; Regarding patents, patent law related theoryhas also been developed for many years, relevant laws and regulations, such as the "PatentLaw "" Implementing Rules of the Patent Law "," China Patent Examination Guidelines ",also made detailed provisions. However, in a cloud computing environment, theemergence of SaaS model allows existing laws but can not properly be restricted to thenew tort. Specifically, the software rental behavior on the SaaS model can not be protectedin the software rental rights as stipulated in the existing laws, at the same time, therelevant provisions of existing laws and regulations on computer software patents are notable to gave due restriction to the patent infringement under SaaS behavior, mainly due tothe patent principle of territoriality and the principle of universal coverage determinationconstraints applicable to patent infringement. Based on the above problems, this paper,onthe basis of research literature, Thoroughly analysize the causes and background of theseproblems, and propose the corresponding solutions, mainly making make certainmodifies or additions to the related right, to be able to adjust the SaaS mode under thecloud computing environment. |
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