Programmer's Tutorial-Chapter 8-Standardization and intellectual property basics

Source: Internet
Author: User

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Directory structure

8.1 Basic knowledge of standardization

8.1.1 Software Engineering Standardization

Brief introduction of 8.1.2 Capability Maturity Model

1 Initial level

2 repeatable levels

3 Defining levels

4 Management level

5 Optimization level

8.2 Basic knowledge of intellectual property

8.2.1 Basic Concepts

1 Concept of intellectual property

2 Characteristics of intellectual property

3 regulations for the protection of intellectual property rights

8.2.2 Computer software Copyright

1 Subject and object of software copyright

2 Rights of software copyrights

3 Attribution of software copyrights

4 Identification of software copyright infringement

5 Legal liability of software copyright infringement

8.2.3 the right to trade secrets of computer software

1 Trade secrets and infringement

2 Infringement of trade secrets

3 Computer software Legal liability for infringement of commercial secrets

Here is the content

This chapter focuses on the knowledge of computer software copyright and software's trade secret right.

8.1 Basic knowledge of standardization

Standards are a uniform provision for repetitive things and concepts

8.1.2 Software Engineering Standardization: The purpose of software engineering is to improve the organization of software development, reduce development cost, shorten development time, improve work efficiency and improve software quality.

A brief introduction to the 8.1.2 Capability Maturity Model: improving software quality by controlling software production excesses, improving software producer organization and individual ability of software producers

The Software Competency Maturity Model (Capability maturity MODEL,CMM) is used to define and evaluate the maturity of the software development process and to provide guidance on how to improve the quality of the software.

Level five: 1: initial level, 2: Repeatable level, 3: Definition level, 4: Management level, 5: Optimization level

8.2 Basic knowledge of intellectual property

8.2.1 Basic Concepts

1 The concept of intellectual property: Intellectual property (also known as Smart property) refers to the rights that people enjoy according to law, based on the results of their intellectual activities and the experience and knowledge of management activities.

Intellectual property can be divided into industrial property and copyright two categories:

(1) Industrial property rights: including patents, utility models, industrial designs, trademarks, service marks, trade names, origin marks or appellations of origin, and to curb unfair competition, in addition, trade secrets, microbial technology and genetic technology are also objects of industrial property protection.

(2) Copyright: Also known as copyright, refers to the author of his works to enjoy the personal rights and property rights, personal rights including the right to publish, signature, modification and protection of the integrity of the work, etc. property rights include the right to use and obtain remuneration for the work, i.e. reproduction, performance, broadcasting, exhibition, distribution, filming, television, video or adaptation The right to use the work in the form of translations, annotations, edits, etc., and the right to license others to use the work in the manner described above and to obtain remuneration therefor.

2 Characteristics of Intellectual Property: (1) invisibility, (2) duality, (3) Confirmation, (4) exclusivity, (5) locality, (6) Temporal

3 regulations for the protection of intellectual property rights

8.2.2 Computer software Copyright

1 Subject and object of software copyright

1) The subject of computer software Copyright: The subject of computer software copyright refers to the person who enjoys the copyright: citizen, legal person

2) object of computer software copyright: The object of computer software copyright refers to the scope of the copyright of computer software protected by copyright law: computer program, documentation of computer software

3) The condition of computer software protected by copyright law: Independent creation, can be perceived, logically reasonable

2 Rights of software copyrights

1) Personal Rights of computer software: Right of publication, developer Identity (also known as attribution rights)

2) Computer software Works property rights: Right to use, reproduction, modification, distribution rights, translation rights, annotation rights, information network communication rights, rental rights, the right to use and obtain remuneration, transfer rights

3) Rights of the legal holder of the software: slightly

4) The exercise of computer software copyrights: a brief

5) Protection period of computer software copyright: 50

3 The attribution of software Copyright: "Creation doctrine", expressly stipulates that the copyright belongs to the author, unless otherwise stipulated

1) Ownership of title development software copyright

Computer program created during non-post: The software work developed is not the result of performing its work, the software works developed are not directly related to the working content of the developer in the unit, and the material and technical conditions of the Unit are not used in the development of the software works.

2) Co-development of the ownership of software copyrights

(1) software developed jointly by more than two units and citizens is a soft

(2) Co-development of the software, the ownership of the copyright by the cooperative developers signed a written contract agreement

(3) slightly

(4) The co-developer shall not exercise the right of transfer in the software copyright alone.

3) Ownership of software copyrights entrusted to development: a brief

4) Ownership of software copyrights that are subject to task development

5) The attribution of software copyright after the change of the subject of computer software copyright: a brief

4 Identification of software copyright infringement

1) Computer software Copyright Infringement Act: a brief

2) does not constitute a reasonable use of computer software infringement: a brief

3) The recognition of computer copyright software infringement: a brief

5 Legal liability of software copyright infringement

8.2.3 the right to trade secrets of computer software

1 Trade secrets and infringement

1) Definition of trade secret: technical information and operating information that is not well known to the public, which brings economic benefits to the right holder, is practical and takes confidential measures by the right holder

2) The constituent conditions of the trade secret: not open, practical, confidential

3) Trade secret rights: an intangible property right

4) computer software and trade secrets

2 infringement of trade secrets: theft, inducement, coercion or other improper means to obtain the rights of the person's computer software business secrets, disclosure, use or permit others to use improper means to obtain the computer software trade secrets, breach of the agreement or violate the rights of the person concerned about the confidentiality of trade secrets requirements, disclosure, Use or permit others to use the business secrets of the computer software in their possession; the third person still acquires, uses or discloses the computer software trade secrets of other persons from the infringer, knowing or knowing the foregoing violations.

3 Computer software Legal liability for infringement of commercial secrets: including administrative liability, civil liability and criminal liability

Programmer's Tutorial-Chapter 8-Standardization and intellectual property basics

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