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Analysis of Case about Computer Software Copyright Infringement by "Rising" Suing "Solve"

Author: ZhangZhanWei
Tutor: MaMingXian
School: Lanzhou University
Course: Intellectual Property Law
Keywords: Copyright in computer software Finds that copyright infringement Substantially similar and contact
CLC: D923.41
Type: Master's thesis
Year: 2011
Downloads: 91
Quote: 0
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Abstract


Computer software is infringement disputes what is frequently encountered by lawyers in case type. In this kind of case legal relationship is drawn to the complex,scope, bid larger, influence more.It is both opportunities and challenges for the lawyer.This paper, from the Angle of the practice of "rising" by computer software and souve "lawsuit" discussion of infringement of the case, "involved in major legal problems are analyzed and discussed the rationality of case verdict.In this paper, first, it will introduce the trial of cases, then arrange the legal relation.,and will raise the focus of trial dispute Shanghai rising electronic Co., LTD, and Shenyang solveig electronics Co., LTD in this case. on this basis, from the Angle of practice, this paper discusses the software copyright lawsuit related issues, the burden of proof for others, infringement of copyright infringement determination standards, copyright infringing amount of compensation problem is discussed, focusing on analysis of determination standards about the "substantially similar and contact subtract excludeing easonable doubt ".Finally, the author tries to summarize the basic problems in such cases, pointed out that our country related legal omissions and puts forward the corresponding countermeasure, with hopes to help the litigation practice in the future.

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