Research On Computer Software Intellectual Property Comprehensive Protection Mode

The software industry as an important branch of modern industry,is one of the strong engines to drive economic structure transformation in our country.But computer software,because it has high value and is easy to copy,is becoming a "disaster zone" of intellectual property infringement.This has a negative effect on computer software developers in their enthusiasm of technology innovation.It can be seen from the present situation that,the past single copyright law protection model constrained by its own limitations,is lacking in coping with software intellectual property infringement.On the legal protection pattern of software intellectual property rights,academia have not formed a unified opinion.Through deep understanding of the characteristics of computer software and analysis of the practical experience at home and abroad,the author thinks that dividing computer software into different objects according to its law attribute,and the integrated use of copyright law,patent law,and the protection of commercial secrets,is an effective way to solve the problem of computer software intellectual property infringement.This paper consists of three parts:introduction,epilogue and a body of five chapters.The first chapter firstly introduces the definition of computer software,making clear that "computer software" and "computer program" are two concepts not consistent on connotation;Secondly,analyzes the important characteristics of computer software to the essay topics for later argument provides the full basis;Finally,the computer software to study the legal protection of intellectual property in China,including the software copyright law protection present situation,the software patent law protection present situation as well as business secret law to protect the status quo.Because the software trademark has little dispute in practice and theoretical basic,so this paper does not involve the trademark rights.The second chapter is about the analysis of path of the computer software copyright protection mode.The path lines basically along the establishment history of the software copyright protection mode,the internal logic and defect analysis of such a progressive relationship,interlocking to the face of such protection way completely,also has laid a good groundwork to explore proprietary software.Chapter three then expands the analysis the path of the computer software patent protection mode:Firstly comb the software patent protection evolution process in the United States,Japan and other countries;Next make a strong argument to the legitimacy of software patent protection,providing the software different from purely intellectual rules,can constitute a technical solution,software patent protection advantage,and many other important argument;Finally,sums up some defects existing in the software patent protection.Chapter four constructively puts forward the "dichotomy" model of computer software relevant documents and software applications,that is,depending on the legal attribute,providing different types of legal protection to the document and the computer software respectively.In a word,software related documents as a kind of written works shall be protected by copyright,and software program conforming to the "novelty,inventiveness and practical" is entitled to obtain patent protection.Based on the previous theory,in the fifth chapter,this paper builds a comprehensive legal protection mode to computer software intellectual property rights.This protection mode based on the establishment of a clear distinction principle,namely according to whether the computer software related documents are open to the society,to have distinction on proprietary software and open software protection strategy.At the same time,fully use the business secret legal protection as the important supplement,and improve some detailed problems,such as non-competition and reverse engineering.We hope by building a comprehensive intellectual property legal protection mode,the equilibrium of the interests of the parties of the computer software industry chain could be achieved,the enthusiasm of software technology innovation and knowledge breakthrough be encouraged,and the prosperity and development of the software industry in our country further promoted.