Research On Computer Software Copyright Infringement Identification And Damage Compensation

In the new period of rapid evolution of artificial intelligence,5G,Internet of Things and other technologies,computer software has become the product of the rapid development of modern science and technology.We should attach importance to the protection of intellectual property rights,which is of great significance to enhancing the enthusiasm of software developers,promoting the structural transformation and upgrading of enterprises and promoting the economic growth of our country.In our country,computer software is mainly protected by copyright,supplemented by patent protection and trade secret protection.In the protection of computer software copyright,the determination of software copyright infringement and compensation for damages are two difficulties in solving software copyright disputes.Among them,the "substantial similarity plus contact" rule is widely applied to identify software copyright infringement.In terms of damages,the Civil Code of the People’s Republic of China of 2020 provides for the punitive damages system for intellectual property rights,and China revised the Copyright Law of the People’s Republic of China for the third time in November of the same year,specifying the double standard for punitive damages in the field of copyright,which is undoubtedly an important measure to improve the system of damages for copyright infringement in China.First of all,the article starts with the particularity of computer software,introduces the present situation of computer software copyright protection in our country,explains the necessity of software copyright protection in our country,and puts forward the problems existing in the determination of software copyright infringement and compensation.Secondly,it discusses the rule of "substantial similarity plus contact" in the determination of software copyright infringement in China,elaborates the comparative contents and comparative methods in the application of the rule in detail,and analyzes the specific application of the rule in China’s judicial practice in the form of cases.It holds that there are some problems in the application of the rule in the determination of infringement,such as unclear contrast scope,unclear definition of user interface,and the tendency of laying stress on "substantial similarity" and neglecting "contact" in judicial practice caused by the low establishment standard of "contact" elements.Then it introduces the calculation method of compensation for software copyright infringement in our country,and analyzes the judicial status quo of compensation for software copyright infringement in our country.Finally,in order to solve the problem of software copyright infringement identification and damage compensation,I put forward my own suggestions: make clear that the user operation interface is the scope of software copyright infringement comparison;to improve the establishment standard of "contact" elements by referring to the Japanese rule of "evidence similarity";punitive damages should be applied in judicial practice to perfect the software copyright protection system in China.