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Intellectual property protection for computer software mode explore

Author: ZhaoZuoBin
Tutor: LaiXiaoPeng
School: China University of Political Science
Course: Legal
Keywords: Computer software Protected Mode Copyright Patent Trade secrets
CLC: D923.4
Type: Master's thesis
Year: 2011
Downloads: 188
Quote: 0
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Abstract


With the rapid development of high-tech industries, intellectual property strategy has become an important means for the countries in the world to create international competitive advantage. The country is also to strengthen the development and implementation of the national intellectual property strategy, and gradually change the traditional \However, the electronic information industry as an important part of the country's economic development, especially in the computer software industry, intellectual property protection in the form merely regulate the \Private and who will pay the price, who would benefit from the purchase of goods, computer software such high-tech products, has the characteristics of public goods mentioned in public economics theory, that the producers can not exclude non-purchase consumption or use of software products, and all the revenue generated by the software products in the consumer process was placed under its proprietary; Moreover, the non-purchaser consumer will not be the actual consumers of the products, and the impact of its benefit from the product, it is a conflict of interest does not exist between the beneficiaries, the real victims are the producers of the software product. As Thomas Jefferson pointed out earlier, \, endless clones. More serious, the infringer to infringe the intellectual property rights of computer software from the traditional simple copy and simple excision gradual development of the flowchart generated profiling rights in the software development process, data structures, source of generic development . Booming online world of intellectual property rights infringement of computer software has played a role in fueling a serious threat to the economic return of the software developers. Therefore, in order to encourage the development and application of computer software, to protect the rights of the legitimate rights and interests of the people for the purpose of intellectual property law system is constantly intervene and adjust, \According to the current law, intellectual property protection for computer software which provisions of the copyright law. Inviolable order to cope with the copyright protection software R \u0026 D, and the further development of the \At the same time, in our country at this stage of the administration of justice, the court cases usually infringement of software copyright dispute, however, the generic development infringer \source code be adapted to profit, and software developers how to seek judicial relief, and there is no clear legal provisions. In order to change this situation, we strive to break through to simply rely on copyright law to computer software intellectual property protection of the status quo, to explore a more targeted, systematic protection mode, copyright law, patent law, trade secret protection combination mode. Text is divided into five chapters, the first chapter an overview of the basic theory of computer software and computer programs; Chapter II to Chapter IV, respectively, from copyright protection, patent protection and commercial secret protection three angles detailed discussion of the computer software intellectual property protection mode; Chapter introduces the possibility of the coexistence of three protection scientific, and make recommendations to the improvement of the current legislation and judicial practice. With this combination of protected mode, to enhance the market competitiveness of software companies, intellectual property protection system has become an important driving force for the development of enterprises. Bring considerable commercial profits while ensuring that the use of software products for enterprises, provide material incentives and financial support for the creation of software enterprise activities in order to achieve sustainable development of software R \u0026 D innovation.

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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights
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