Comments: Some thoughts on the protection of software intellectual property

All along, the litigation of intellectual property in software Enterprises has never subsided, and mastering independent intellectual property has become one of the main means for software enterprises to win competitive advantage. Patent-related lawsuits have frequently taken place among the world's leading software vendors: Microsoft is charging 15 of billions of dollars in royalties to each of Samsung's Android smartphones for several patents on Google's Android operating system, and Apple has filed lawsuits against companies such as HTC, Samsung and Motorola, Said it violated Apple's iOS operating system multi-touch patent rights; Google is aggressively acquiring wireless technology developer InterDigital, and it is focusing on its patented technology. In addition, in response to the increasing number of patent lawsuits, Google also recently bought 1030 patents from IBM. Behind this series of events on software intellectual property rights is the scramble for software technology, products and market interests by these software giants.　　This provides a good experience for the sustainable development of software enterprises in China, and also provides an important basis for speeding up the formulation and implementation of software intellectual property protection strategy. From the perspective of China's software industry development, at present, although China's software industry is in the high-speed development stage, but relative to the international leading software enterprises, China's software backbone enterprises are still relatively weak.　　But this also provides the good development opportunity for our country software enterprise, they begin to strengthen the software intellectual property protection consciousness in the early stage of enterprise development, the formulation and the implementation effective protection strategy, will provide the strong guarantee for the enterprise long-term development. From the point of view of software enterprises, first of all, to strengthen independent innovation is the driving force for the development of enterprises, but also an important means of intellectual property rights. Software Enterprises should actively increase investment in research and development, improve the level of technological innovation, and strengthen exchanges and cooperation with government, universities, scientific research institutes and other institutions in policy, capital, technology innovation, research and development, and create a benign environment for the development of software enterprises.　　Secondly, the intellectual property strategy should be incorporated into the overall development strategy of the enterprise, and the intellectual property management institution should be set up, equipped with the complex management talents with professional technology and intellectual property management ability and sufficient research and development management funds to establish a scientific intellectual property affairs management system. From the perspective of the overall development of the software industry, one is to perfect the intellectual property system, establish and perfect the laws and regulations related to the protection of intellectual property rights in the software industry, strengthen the enforcement of various IPR protection policies and measures, and combat software piracy through administrative means. To protect the legitimate rights and interests of software enterprises and software rights holders by means of judicial trial; second, to exert the positive role of intermediary organizations in the protection of software intellectual property rights, joint enterprises to establish corresponding intellectual property protection Alliance, on behalf of enterprises to sue and conduct intellectual property negotiations, to help enterprises establish effective intellectual property protection Third, the establishment of IPR infringement response mechanism, the establishment of active and effective IPR infringement and piracy response mechanism to strengthen enterprises, government and intermediary agencies in the protection of intellectual property rights and response mechanisms and countermeasures to exchange and cooperation, set up software intellectual property protection platform, cutTo improve the environment of software intellectual property protection in China; Four is to actively cultivate relevant management personnel, colleges and universities should strengthen the intellectual property software related professionals training, expand the scale of talent training; Five is to further enhance the protection of software intellectual property rights publicity, and actively guide software enterprises to strengthen intellectual property management and use, Software Enterprises are encouraged to establish and improve effective intellectual property rights protection and management mechanism, to enhance the software enterprise's intellectual property management ability and flexible application ability, so that it has the ability to gain the advantageous position in the increasingly fierce international software intellectual property competition. (Author: China Institute of Electronic Information Industry Development Institute of Software and Information Services, Han Jian)