Research On Intellectual Property Protection Of Computer Software

Intellectual property protection of computer software is a major problem in terms of information industry, the legal profession and the government all over the word, including China. In order to carry out legal protection, its premise is to establish a complete system of criterion as a base criterion of computer software intellectual property protection.The current intellectual property protection systems of computer software rely mainly on copyright law while patent law, trade secret and other laws are subsidiary.The complete system of protection constituted by these special laws is the legal base of protection of computer software intellectual property. Copyright laws are mainly protect the work nature of computer software, not the idea of the software, while the idea skill and technical solutions in the software are the most valuable part. Besides Copyright law, Patent law attracts increasingly attention as a computer software protection mode. It can protect the core ideas and logic in software products. But Patent law has the strict examination standards for the "three nature" of patent and difficult to implement, so a lot of software can not apply for patents. The advantage of using business laws to protect computer software is that it not only can protect the "expression", but also protect the "thinking", and does not require any formality, but its drawback is that it takes a lot of cost and strict measures to prevent leaks, and can not prevent a third person from producing the same functional software through self-development, reverse engineering.The laws above provide protection for computer software in different directions, but itself has many shortcomings and can not provide effective complete protection of computer software. Therefore, the author analyses present situation and existing problems of the intellectual property protection of computer software at home, then elaborates the intellectual property protection of computer software of international conventions and other countries’legislation, finally put forward to constructing distinct protection mode of the different intellectual property rights of computer software, and suggest perfecting existing copyright and patent protection system for software in our country. They will provide some references for the effective intellectual property protection of computer software.