Comparative Study On Legal Problems Of Reverse Engineering

Reverse engineering is the technical means for dismantling,mapping and analyzing the products obtained from open channels and obtaining technical information related to products.Reverse engineering originated from traditional manufacturing,where the original producer keeps confidential the product's performance characteristics,working principles,and internal structural technical information.Competitors or other researchers understand the product's technical information by implementing reverse engineering.China is in the advanced stage of technological development.The legality of reverse engineering is an important legal issue that urgently needs to be resolved.This paper is divided into five chapters.The first chapter begins with the analysis of typical reverse engineering cases at home and abroad,and reflects the attitude towards reverse engineering in judicial practice through typical cases.And briefly introduce the research status of reverse engineering in domestic and foreign experts and scholars.And briefly explains the research methods,innovations and deficiencies of the thesis.The second chapter introduces the theory of reverse engineering and outlines the basic concepts and legal attributes of reverse engineering.And analyzes the different protection logics between reverse engineering and intellectual property and trade secrets.From the basic theory to introduce reverse engineering,and briefly analyze how to proceed with legislative norms and reverse engineering.The third chapter compares and analyzes the provisions of the U.S.,EU,and international treaties on reverse engineering.Highlighted the relevant regulations on reverse engineering in the United States,the European Union,and international treaties,and compared and analyzed the differences and advantages of internationally advanced legislative practices.The purpose is to absorb foreign advanced legislative norms and absorb the legislative norms that are in line with China's national conditions.The fourth chapter briefly introduced our country's legislation on reverse engineering.Our country does not have explicit regulations on reverse engineering in specific laws,but it has related references in different intellectual property laws.By expounding the legislative attitudes of different laws on reverse engineering,we can deeply understand the status of China's legislation on reverse engineering.The fifth chapter puts forward suggestions for improving the current situation of China's relevant legislation in reverse engineering.The first step is to clarify the legal status of reverse engineering first in the law.With legal status,the proposal clearly stipulates the scope of lawful use of reverse engineering,and expands the scope of reasonable use of the law in comparison with previous legislation.Introduction,digestion,and absorption of other countries' mature legislative experience in reverse engineering will improve the legal status and reasonable use of reverse engineering in Chinese law.Finally,it is proposed to establish a complete reverse engineering legislation system so that reverse engineering can be more comprehensively protected by law.