The Choice of Legal Protection Mode of Computer Software

Abstract:

Computer software is an information product [2]. Since the rising of the computer software industry during the 1960’s, the dispute into the best way to protect computer software has never stopped. Human society has already entered the information age, the development of the computer software industry is happening more rapidly than ever before. The application of using legal means to effectively protect computer software, is not only crucial to the development of the computer software industry, but also for national science and technology, the development of the economy is of great significance. This paper summarizes the present situation of international protection of computer software, based on the analysis of the quality of copyright law, patent law, and trade secret law to protect computer software and the analysis of the protected mode all over the world, put forward the author’s suggestions for the legal protection model.

• Periodical: Advanced Materials Research (Volumes 926-930)
• Pages: 2827-2831
• DOI: https://doi.org/10.4028/www.scientific.net/AMR.926-930.2827
• Online since: May 2014
• Authors: Yu Xiang Li
• Keywords: Copyright Law, Patent Law, Protection Mode, Trade Secret Law

References

[1] Yuxiang Li, Professor of China University of Political Science & Law.

[2] See Minghua Lu, Guoping Li: journal of Peking University (philosophy and social science edition) 2004 (4), pp.65-64. in Chinese.

[3] See Wenhua Liu editor, China City Press published in January 2001, pp.354-352, in Chinese.

[4] See WeiZhang: Theory of Computer Software Patent Protection of China University of Politics and Law Master Thesis, P5-6, in Chinese.

[5] See ZongshunTang: Intellectual Property Rights Press, 2002, 2, p.184, in Chinese.

[6] Refer to the< Chinese Intellectual Property Office Patent Examination Guide>, the second part of the first chapter, Section 4. 2.

[7] XiaodaWu: The Chinese Inventions and Patents, no. 3, 2007. P39, in Chinese.

[8] The provisions prohibiting commercial secrets infringement…. Information, etc.

[9] See China's Article 6 of the Regulations for the Protection of Computer Software (2001).

[10] Roger S. P ressman: Translated by RenjieZheng, SuxiaMa, XiaoyingBai, Mechanical Press, 1 April 2007, page 2.