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Research On Intellectual Property Protection After The Computer Software Concept Expands

Posted on:2019-02-28Degree:MasterType:Thesis
Country:ChinaCandidate:W Q XiangFull Text:PDF
GTID:2416330566487609Subject:legal
Abstract/Summary:PDF Full Text Request
Computer software is an important part of the computer system,with the characteristics of easy replication,short life cycle,functionality and the nature of the work.From the perspective of Copyright Law,the protection of computer software is mainly to protect computer programs and documents.However,unlike computer software and written works,the protection of the functional value of software should not be ignored.With the continuous development of technology,the profit model and technology of the software are constantly changing,the use of the application software is broadened,and the concept extension of the original computer software has been expanded,resulting in new problems.From the analysis of the system,both the function of the application and the business models of software cannot be protected.The protection of computer software in China is mainly based on the Copyright Law,adopting a conservative review attitude toward computer software patents,and supplementing the protection with the Law of Anti-unfair Competition.This protection method makes software intellectual property protection in response to software.The“algorithm” protection,software user interface,and reverse engineering appear weak.Faced with the protection problems brought about by the extension of software,the protection of Copyright law,Patent law and Anti-unfair competition Law is analyzed from the point of view of law and economics,and existing software intellectual property protection modes are more or less present.Inadequacies.Appropriate legal protection for the selection of computer software is to reduce the legal risk of software participation in international competition,and to encourage domestic software companies to provide high-quality,more market-friendly and favorable means.China's development in the software industry started relatively late.Researching the process of intellectual property legislation in software developed countries such as the United States and Japan can be seen in different stages of development,adopting legislative motives for different protection models,and providing reference for China's software legislation.The revision of our country's "Computer Software Protection Regulations" can be seen in our country's attitude towards the protection of computersoftware.Based on the analysis of the existing computer software protection model,through the inspection of the intellectual property protection legislation process outside the domain,based on the goal of ensuring social fairness and balancing the balance between software developers and software end-users and social benefits,The concept proposed by the comprehensive protection system for software intellectual property is to improve our country's computer software protection model.
Keywords/Search Tags:Computer Software, Copyright Protection Model, Patent Protection Model, Intellectual Property
PDF Full Text Request
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