Research On Legal Protection Of Reverse Engineering

Reverse Engineering(Reverse Engineering), as the name implies, is a kind of opposite forward Engineering products production mode. Generalized reverse engineering: product, design,production process of the product. In accordance with the provisions of the unfair competition cases to explain, "is to point to by reverse engineering technology to remove the product to be obtained from the open channel, surveying and mapping, and analysis and obtain the relevant technical information of the product". For patent, because is a must to obtain the authorization of the patent on the premise of technical disclosure, so there is no special reverse engineering. Of course, after the party to apply for a patent, other subject around patents implementation of its technology process can be regarded as a generalized reverse engineering. This article refers to reverse engineering, special reverse engineering.For reverse engineering problems related to the understanding of the current only stay more at home in perceptual level. It from so far, there is no in-depth research on reverse engineering system demonstration card can be complementary. Recognition of reverse engineering in the legislation, to a certain extent, also is only part of the habit of recognized in the market competition will recognize. By some scholars, "in the theory and legislation in China has been as a conclusion or principle applies, often is to prove and clarifying". Although the unfair competition case interpretation will be obtained through reverse engineering behavior of the commercial secret is not regarded as infringing business secret behavior, but its a lot of people did not know the value behind the purpose. If you don’t study this problem, the subsequent protection will be the lack of a clear legal logic, causing the lack of rationality.This article embarks from the reality in our country, on the basis of the relevant research papers at home and abroad, from the study of the theory of reverse engineering, the international organizations and relevant legislative experience of the state, and so on to carry out the research,and combined with the actual situation in our country, in the establishment of relevant theoretical arguments on the basis of research about intellectual property problems in reverse engineering.