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Computer software intellectual property protection mode

Author: ZhaoZuo
Tutor: LeiMingGuang
School: Central University for Nationalities
Course: Legal
Keywords: Computer software Intellectual property rights Protected Mode The difference between protection
CLC: D923.4
Type: Master's thesis
Year: 2011
Downloads: 95
Quote: 1
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Abstract


With the rapid development of China's economy, science and technology, the degree of modernization of various industries also continue to improve, the application of computer software has become increasingly widespread. The software industry has become the core of today's information industry, countries have attached great importance to the legal protection of software in order to promote the development of the software industry in the country. Computer software because of its high technological content, economic value, usually give the software rights holders to bring in huge profits, due to its easily copy and tort punishment, making a very serious problem of software piracy. At present, the theory and practice of computer software protection mode, that copyright law protected mode, patent law protection mode and comprehensive protection mode. Different model is based on a different understanding of the characteristics of computer software, computer software protection different protection schemes. China now has also issued a number of related laws and regulations, however, these laws and regulations are reasonable, and whether they can adapt to the continuous development of the computer software industry needs, but also scholars focus of discussion. However, from all angles of the intellectual property rights, China's existing computer software intellectual property protection system is not perfect, less fit with China's national conditions and industry development level, which proposed to intellectual property rights theory, and intellectual property legal system design new challenges. This paper is divided into four parts, the introduction, the main objective of this concern, the importance of a clear computer software intellectual property protection, and describes the research methods used; Chapter 1 focus from the characteristics of the computer software itself departure, mining intellectual property object attributes, such as copyright property, patents, properties, commercial secrets attributes; Chapter 2 analyzes the current situation and existing problems on computer software intellectual property protection mode, protected mode and abroad for analysis, drawing; Chapter 3 is the last chapter of the article, and analysis on the basis of issues, proposals for computer software protection mode, and made a preliminary study on the basic framework of the distinction between protected mode. First of all, on the basis of divided to make a distinction between different IP object of computer software, for the different objects using the corresponding legal distinction protection. The focus while the above distinction protection mode can be achieved from the computer software outward manifestation of the spirit of the design and the development of each and every aspect of the process is to define the corresponding objects of intellectual property, and then by the appropriate laws and regulations to protect. In addition, the need to strengthen the awareness of the protection of the software industry and technical personnel, increase the propaganda and law enforcement aspects to guarantee the implementation of the distinction between protected mode. At the same time, you also need to improve our existing software patent protection system and software copyright protection system.

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