The intellectual property rights of computer software and the ownership of excellent courseware notes

Intellectual Property Characteristics of computer software-None, exclusive,
Regionality, timeliness, and reproducibility.
Copyright of computer software-Easy to copy, prohibit others' plagiarism,
Copying; prohibit others from sending the itinerary by selling or providing a license
Copies of the order. Features and rights requirements are exactly the main content of copyright law.
Content-becomes the object protected by copyright law.
Computer software patentability-a separate computer program is
Algorithms cannot be protected by the Patent Law. Computer software + hardware
Constitute a complete technical solution-to become the object of patent law protection.
Protect Computer Software as trade secrets-become a vendor
Objects protected by industry secrets.
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Chapter 3
Intellectual Property Rights of Computer Software
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Section 1
Intellectual Property Rights of Computer Software
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1.1
Rights, tangible property rights and intellectual property rights
Rights: permitted by law to conduct certain actions on subjects of legal relations
And guarantee. Right is the legal correctness,
Legitimacy is right.
For tangible property
It is impossible to leave possession, use, profit, or punishment.
(The object and the right are not separated ). For intellectual property rights
(Patent right: Right of manufacturing method and sales permission)
The carriers of intellectual property rights are often separated (separation of things and rights ).
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1.1
Rights, tangible property rights and intellectual property rights
Like tangible property rights, intellectual property rights are also an exclusive right.
That is to say, other people cannot use the property right without the permission of the right holder.
Or use it.
What is different from tangible property rights is:
First, the object of intellectual property rights has the characteristics of "difficult to develop and easy to replicate"
Point. If a thief steals a car from a car yard
He can only sell the car at most and get the stolen money.
Several more cars may be copied for sale. If a thief develops a public account from a software engineer
The company steals a piece of software and he can quickly replicate thousands of disks.
Selling the same software is enough to make the software development company go bankrupt.
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1.1
Rights, tangible property rights and intellectual property rights
Second, although both intellectual property and tangible property rights have exclusive rights,
However, the exclusive rights of tangible property can generally be acquired by possessing relevant objects.
Protected; the object of intellectual property rights is expressed as a certain amount of information.
Information is hard to be protected by "possession. Moreover, tangible property
Objects and privileges are generally inseparable. Apply protection to them
Relatively simple. The object and exclusive right of intellectual property rights are usually divided
It is much more difficult to protect them. For example, a painter sells
I am a painting, which is undoubtedly subject to copyright protection. This customer
It is in my hands, but if I want to print it on a calendar, or in a book
The painter must still permit and pay to him. The reason is "Copy
Right (that is, one of the exclusive rights in the copyright) is still in the hands of the painter.
Transfer it to me along with the painting.
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1.1
Rights, tangible property rights and intellectual property rights
Generally speaking, a computer software is developed and completed from
To make products, sales, produce at least the following aspects
Intellectual Property Rights: copyright of the software, patent rights of the software and
The right to trade secrets and the Right to exclusively use software trademarks.
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1.2
Mental and property rights of Computer Software Copyrights
Software copyright is the copyright of the copyright administrator. Due to the development and creation of "software works ",
The right to be obtained. Software Copyright includes personal rights (spiritual rights)
And property rights (economic rights.
Personal ownership means that the person of the software copyright owner cannot be separated and cannot
No right to give up or transfer the content of direct property, including: publishing
Rights, agency rights, modification rights, protection of work integrity rights and revocation of published
.
Property rights refer to the right to bring economic benefits to software moderators.
Profit, the realization of this economic benefit depends on the software copyright authority
Only works can be used, including: Use Right, license right and
Obtain the right to remuneration and transfer.
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1.2
Mental and property rights of Computer Software Copyrights
The subject of software copyright protection refers to the legal right to the software
The developer or other copyright owner.
Software developers refer to the actual development, direct development, and
The legal person or other organization responsible for the developed software; or
Independent software development based on their own conditions, and
The natural person responsible. Other developers can use
Copyright becomes the copyright institution.
Someone. Therefore, the subject of software copyright can be either a natural person or
It can be a legal person or another organization, or a country.
　　
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1.2
Mental and property rights of Computer Software Copyrights
The object of software copyright protection is computer programs and related documents.
A computer program is used by a computer to obtain a certain result.
Code-based instruction sequences executed by devices with information processing capabilities,
Or it can be automatically converted into a symbolic command of the code-based instruction sequence.
A sequence or a symbolic statement sequence. Source program of the same computer program
Works the same as the target program. The document is used to describe the program
Content, composition, design, function specifications, development status, test results
And usage of text materials and charts, such as the program design manual,
Flowchart, user manual, etc.
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1.2
Mental and property rights of Computer Software Copyrights
It should be emphasized that software copyrights and ownership of software carriers are
Essential differences.
Software copyright is invisible, and the object of software copyright (software) is
Tangible, attached to a certain carrier (paper, disk, CD.
The User owns the disk and obtains only the software functions.
Copyright still belongs to the copyright owner, which reflects the "right" of the intellectual property.
The principle of not going with things.
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1.2
Mental and property rights of Computer Software Copyrights
Software copyright acquisition
The production of software copyrights is not as necessary to the country as patents and trademarks
The application can be generated only after the competent authority applies for registration and is approved. Software self-launch
After the publication is completed, the copyright is automatically copyrighted, and no matter whether the publication is made or not.
Perform any procedures.
Term of protection for software copyrights
Software copyright of a natural person, protected for Life and Death of a natural person
50 years after death, as of December 31, 50th years after the death of a natural person;
The software was developed in cooperation. After the final death of a natural person
January 1, 50th.
The software copyright of the legal representative or other organizations. The protection period is 50 years,
As of January 50th, December 31, after the first release of the software
Computer Software Protection
The regulations are no longer protected.
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1.2
Mental and property rights of Computer Software Copyrights
Software copyright owner's personal rights include
(1) Issuing Right: the software copyright owner proprietary, determines whether the software is public
Rights of the public.
• Prohibit others from posting software to others without authorization
• Derivative works derived from unpublished works, the version of the original work
The authorizer has the right to publish or not.
• For software jointly developed, the copyright of the software is reserved by developers.
Shared. Whether or not the software is published is determined by the cooperation developer through negotiation.
No. If negotiation fails, neither party shall prevent others from exercising the assignment
Rights other than rights, but income should be reasonably allocated to all rights
As a developer.
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1.2
Mental and property rights of Computer Software Copyrights
(2) Developer ID right: indicates the identity of software developers in accordance with the law
Developer's identity rights, and the right to sign on the developed software
Benefits.
• Rights to indicate the developer's identity-General Provisions of copyright law in various countries
Component developers can indicate themselves to the public in all necessary circumstances related to the software.
He is the creator of the software and has the right to prohibit others that are not developers
People claim to be developers.
• The right to sign the software-when the program is running; outside the software product
Packaging. The agency name is the ID right of the copyright owner and cannot be transferred. The transferee
It cannot be changed.
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1.2
Mental and property rights of Computer Software Copyrights
Property rights of software copyrights
(1) Right to Use: Resume
The software is used for editing, displaying, releasing, modifying, translating, and commenting.
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(2) Permission to use and remuneration: allow others to use the right to use
Rights to use its software in part or in whole and
And the right to be paid.
(3) transfer right: the use of the above two rights provisions
Permission and permission to use.
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1.2
Mental and property rights of Computer Software Copyrights
The right to use is the core of property rights and is the use of permission and report
The basis of compensation and transfer rights, and the use of permission and transfer rights is software
An important means for copyright owners to obtain the right to remuneration.
It should be noted that the right to use the software is different from the functionality of the software.
The former is the proprietary right of the software copyright owner, mainly refers to the software
The reuse of software is property, and the latter refers to software replication.
The legal holder of the product has the right to load the software into a computer and run it in real time.
Use of software functions.
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1.2
Mental and property rights of Computer Software Copyrights
(1) Copy Right
Copying is the most important way to use software works, and is the software copyright.
People's proprietary rights, exercise the copy right and obtain income is the copyright holder's Economy
The main source of earnings. No copyright is granted to anyone other than the copyright owner
A person's license shall not copy his or her work; otherwise, it constitutes an infringement of the software copyright
Action.
Rational use of copyright Reproduction Right
• Use must be for non-commercial purposes
• Limited Quantity
• No compensation is required without the consent of the software copyright owner
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1.2
Mental and property rights of Computer Software Copyrights
Rights of owners of legal copies of software
The owner of a valid software copy has the following legal rights: 1. Root
The software should be loaded into computers and other information processing capabilities as needed
2. Make backup copies to prevent duplicate damage
Product. These copies cannot be provided to others in any way.
And is responsible
Destroys backup copies. 3. To use the software for actual computing
Machine application environment or necessary repairs to improve its functions and performance
Modification; however, unless otherwise specified in the contract
Yes. No software modified shall be provided to any third party.
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1.2
Mental and property rights of Computer Software Copyrights
(2) Issuance right
Distribution means that software holders satisfy their own interests
Provide reasonable public demands through sales and leasing
A certain number of software copies. Issuance right refers to the software copyright
The proprietary rights of the person to Disseminate software works in the form of issuance.
It should be emphasized that the release of software only loads the software
Body-the ownership or right to use part of the copy is delivered to the copyright counterpart
All or used behaviors are essentially the act of authorizing others with the software copyright.
Difference.
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1.2
Mental and property rights of Computer Software Copyrights
Impose necessary restrictions on the exclusive right-the right to copyright is exhausted. Institute
That is, the copyright rights are exhausted, that is, the issuance right is exhausted once, that is, the right holder
When exercising the issuance right, the exercise of the relevant right is deemed to have been exhausted once, and cannot
Exercise again. This principle means that once the original or duplicate of the work
After entering the market with the consent of the right holder, the work is used as a commodity
Step by step sales, copyright owners are not authorized to control.
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1.2
Mental and property rights of Computer Software Copyrights
Rental and lending of software copies
TRIPS (Trade-Related Intellectual Property Agreement:
"At least for computer software and film works, the parties should regulate
The author or legal heir has the right to allow or prohibit the possession
The original or duplicate of the copyright work is rented out to the public. "-
The rental right of computer software is not exhausted.
The software copyright holder's lending right is poor after the software copy is sold
Exhausted.
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1.2
Mental and property rights of Computer Software Copyrights
(3) modification right
The software modification right refers to the change of the software based on the original software.
The expression of the software author's creativity or the purpose of the software.
The right to sex and new software that has been significantly improved in terms of functionality; for example
If the software is modified without the consent of the software copyright administrator, the copyright is infringed.
The modification permission of the person.
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1.3
Patent rights for computer software
The content of a patent right refers to the rights of the patent holder. Patent package
There are two aspects: on the one hand, the patent holder enjoys possession and authorization.
The right to use, benefit, and dispose of its invention and creation is expressed as an exclusive permission
Authority, transfer right, and waiver; on the other hand, exclude anyone else
The right to govern this patent is expressed as a prohibited right.
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1.3
Patent rights for computer software
An invention containing computer software must meet specific conditions:
(1) The patent application for the invention can produce technical results.
(2) The invention can constitute a complete technical solution that requires
The software operation steps are combined with the corresponding hardware actions to form a set
Technical solution.
• Control the operation of the entire system through hardware devices
• Transform the logical relationship in the circuit unit to make the computer system unique
Specific functions
• Measure or test objects with technical characteristics to obtain the data
And then exert some influence on the hardware in some way.
• Combined with a specific keyboard as a computer system for processing Chinese Characters
Encoding method for processing Chinese character input or Chinese character information
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1.3
Patent rights for computer software
The rights of the right holder have the following features:
(1) After obtaining a patent, the patent holder shall possess
Claims of invention patents can be paid
(2) The patent holder must disclose the invention results
(3) short patent right Period
(4) patent right application approval principles
(5) Copyright Law protects the expression of software works while patent law protects Technology
Conception of the Solution
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1.4
Commercial Secrets of Computer Software
Copyright Law Protection "performance"
It does not simply infringe on "performance", but involves deeper technical details.
Section (design and implementation ).
Patent law protection concept (constitute a complete technical solution)
Patent approval procedures are complicated and time-consuming.
In reality, the most effective and commonly used computer software laws
Commercial Secrets are used for protection.
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1.4
Commercial Secrets of Computer Software
Commercial Secrets protect computer software with the following features:
(1) The protection of trade secrets on computer software is mainly reflected in the software's
During the development process, the right holder can set relevant rights according to the actual situation.
Determine the specific situation.
(2) You can select
Legal means applicable to administration, civil law, or criminal law to achieve effective protection
The purpose of protecting your software rights.
These advantages are beyond the protection of copyright law and patent law.
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1.5
Trademark exclusive right for computer software
Trademarks are used by commodity producers or sellers on their own products.
A specialized identifier used to differentiate commodities of other commodity producers or sellers
Logs, trademarks are exclusive and do not allow infringement or damage by others.
May be confused or mistaken.
Commercial computer software can be protected by trademarks.
That is, you can mark your trademark on the software carrier and
Use your trademark on the interface where the software appears to increase the right
It is an effective way to prevent infringement by others and to combat such infringement.