The Study On Legal Protection Of Intellectual Property Of Software

Software is a high-tech product that can produce enormous economic benefits and provide innovative solutions and services for the global market,which gathers the wisdom of a large number of developers.In view of the serious lag of legislation,the difficulty of linking legislation with judicial practice and the lack of international intellectual property strategy in the legal protection of software in China,by analyzing the characteristics of software and the status quo of protection at home and abroad,the author believes that we should learn from the advanced experience of foreign countries and take three steps of "abstract-filter-comparison" as the judgment method of infringement.We should flexibly use copyright law,patent law and trade secret protection,mufti-angle protection for different parts of the software.In addition to programs and documentation,the data portion of software should be reasonably protected.In addition,the patent application cycle should be shortened and the system of intellectual property technology ombudsman should be vigorously promoted.This paper consists of six parts: The first part is the introduction,which introduces the study background and purpose.The second part is the overview of software law,which analyses the definition,nature of software law and the components of intellectual property protection that need to be explored.The third part is about the current situation and main problems to be solved urgently of the legislative and judicial practice of software copyright protection,patent protection and trade secret protection in China.The fourth chapter is about the protection of intellectual property rights of software in foreign countries.The fifth chapter is about the analysis of the above four parts,and the fifth part is about the current situation of intellectual property law in our country,and puts forward the ways and suggestions to solve the problem.Software is different from other objects of intellectual property because of its characteristics of both works and functions,and its vulnerability to infringement and short life cycle urgently require us to study more about its protection.Based on the analysis and research of intellectual property protection of software at home and abroad,this paper puts forward some superficial countermeasures and suggestions for the existing problems in our country,hoping to better protect intellectual property rights of software in our country,and make a modest contribution to strengthening the strength of intellectual property rights in our country.