Research On Intellectual Property Protection Of Computer Software

In today'society, computer software has been playing an more and more important role in global informationalized economy, it has huge economical growth potential in the internet economical time and software industry has been the core in the information industry. So many countries take the software the legal protection to promote country software industry development. Computer software, including high technology and high value often brings the owner high profit, the tort is serious to it because it is easy to be duplicated. The piracy is the one of the main tort forms; it has caused huge losses to the enterprises and has harmed the development of software industrial. It makes the protection for software intelligence property outstandingly. With the globalization and the development of a knowledge economy, protection of copyright is widely used by countries in the world computer software to carry out a main way to protect intellectual property rights.For China's software industry, how to improve the system of legal protection of software intellectual property and establish a consistent system of legal protection of software in China's national conditions is a serious problem. On the one hand, in order to meet the global software industry contact with each other, to meet the country has joined the international treaty on the minimum requirements, in order to encourage innovation and protect the rights of the legitimate interests of the software; On the other hand, also need to meet the development of China's software industry needs and to speed up the dissemination and diffusion of knowledge.This article is divided into a total of five parts:The first part, it mainly starting from Microsoft's"black screen"event and from the discussion of the legality of Microsoft's behavior and then raises the necessary of protection of computer software for the discussion.The second part introduces the relevant concepts related to computer software, type, scope, and introduces the definition of our country and the definition given by other countries. It also describes the general characteristics of intellectual property rights and computer software intellectual property as an object of special features. At last, we talk about the importance of protection of computer software.In the third part, it talks about the international community's intellectual property protection of computer software model, introducing and analyzing other countries in the world, such as U.S., Japan, and European countries'software protection system. By comparing them, we obtain conclusions, as most countries copyright protection of software the main form of intellectual property system.The fourth part introduces China to the status of intellectual property protection of computer software, first introduces the legislation in general, and specifically describes the advantages and disadvantages of each method of analysis of the protection mode, including copyright protection, patent protection, trade secrets and other benefits and weaknesses and so on.The fifth part makes some personal advice and views in China's intellectual property protection for computer software, from the reality of our country, by the previous discussion.In short, this article is based on intellectual property protection of computer software for the object, in our existing framework of intellectual property protection system, drawing on existing international legal system more mature successful experience, focusing on a variety of different protection mode, and then proposed the development and improvement of protection of intellectual property protection system, computer software suggestions and views.