On The Full Protection Of The Intellectual Property Of Computer Software

In this thesis, the first part begins with the legal and technical definition of computer software. Computer software is an entia of program, file and technical proposal. Program is the concrete execution and final product of technical proposal,and file is the description of technical proposal. After classifying computer software functionally and legally, the discussion of this thesis will be targeted only at the general commercial software. Finally, computer software is compared with general technical achievements in order to lay the foundation for the discussion of its protection.The second part deals with the protection of copyright law on computer program. Different from general products with a physical form, program is a kind of information similar to written works ,which is vulnerable to copying. As the main legal protection approach of computer software, copyright law is oriented to program, while other aspects of computer software cannot be protected by copyright law. For computer program is not written works in essence, the protection of program by copyright law is only a legal fiction. If copyright law is applied severely on program, excessive protection and interest imbalance may happen. Accordingly special provisions have to be made in order not to destroy the interest balance between related parties. The protection of computer program has some negative impact on the system of copyright law.The third part discusses the protection of the technical proposal of software by patent law. Some opinions against software patents are hardly tenable. Although the implementation of the technical proposal of software does not result in physical form, it should never be discriminated against in patent law. Software and hardware are the same in a sense. The technical proposal of software should be protected by patent law as product invention. The more creativity it has, the more protection it deserves. At this stage, patent law and copyright law are both indispensable means of protecting software.The fourth part is mainly on some problems in the legal protection of computer software which can hardly solved by the existing legal system, such as software user interface design and the right to use the software function. Combined protection of computer software with different laws is transitional. The special law for computer software is the destination of protecting the intellectual property in computer software.