Software protection and legal innovations which

Innovate or die is in the computer field, its innovation speed is amazing, however, the copy speed in this area is unparalleled. Decades of innovation, as a day to copy. Therefore, the protection of innovation is to keep a competitive edge, but can not rely on protection cover, national laws and regulations is one of the most honest means of protection, not one. So the current, which China has related laws and regulations and calculation software can protect our innovations it?

Description: The following is the author viewed the results of several legal documents summarize, represent the personal views and do not represent any legal interpretation, such as legal issues, please consult your own legal person.

First, the software copyright

Legal basis "Computer Software Protection Regulations" (2013 revision) , the first regulations tell us the purpose of this regulation.

The first, in order to protect the interests of computer software copyright owner, adjust the computer software in the development, dissemination and use of an interest in encouraging the development and application of computer software, the software industry and promote the development of national economy, information technology, according to "Chinese copyright law of the people's Republic, "enactment of this Ordinance.

Draw focus:

1, who owns software copyrights?

According to regulations in the understanding of Article 9, the software copyright belongs to the developer, the developer who is it? It is the signature of the natural person or enterprise or organization software.

2, how copyright is generated?

Chinese citizens, legal persons or other organizations of their software development, whether published or not, enjoy copyright under these regulations.

More simply, from the day that you develop it, you have the copyright.

3, which has the right to it?

Article VIII of the software copyright holders enjoy the following rights:
　　(a) the right of publication, namely the right to decide whether the software is released to the public;
　　(b) the right of authorship, indicate the developer's identity, the right to place his name on the software;
　　(3) the right that the software additions, deletions, or changes in instruction, the right sentence order;
　　(d) the right of reproduction, is about to make one or more copies of the software rights;
　　(v) distribution rights, that is, selling or donating to the public the rights of the original or copies of the software;
　　(vi) rental rights, that paid the license rights of others temporary use of the software, except for the main subject of the software is not rented;
　　(vii) the right to network dissemination of information, that is, wired or wireless manner software available to the public so that the public can obtain the rights to the software selected in their personal time and place;
　　(viii) the right of translation, the original software is about to be converted from one natural language into another natural language of rights;
　　(ix) other rights should be enjoyed by software copyright owner. Software copyright owner may authorize others to exercise their software copyright and the right to get paid. 　　Software copyright owner may transfer all or part of its software copyright, and the right to get paid.
　　

4, copyright registration

Available to the national copyright administration department to register the software, although software copyright regardless of registration not registered are entitled to, but if you want to take legal action, you need to prove that this is indeed your development, therefore, copyright registration can give you a proof, If you have other ways to prove legal recognition software is that you can develop. In addition, the registration should be charged.

5, protection

According to the understanding of the provisions of the copyright generated from the date of completion of the development, 50 years after the death of a natural person, company or organization is 50 years.

Article XIV of software copyright generated from the date of completion of software development.
　　Software copyright, protection of natural persons and natural persons for life 50 years after the death, natural death after ending December 31 of the 50 years; 50 years after the software was developed in cooperation natural person, as in the death of the last surviving 12 May 31.
　　Software copyright legal persons or other organizations of protection of 50 years, expiring on December 31 of the first 50 years after first publication, but the Japanese software development since the completion date unpublished 50 years, this regulation is no longer protected.

6, how rights

Any person who, without permission of the copyright software for its software must not use, copy, distribute and other acts, you can travel tort lawsuit to the court, you can find the copyright administrative department.

　Subject to the provisions of Article 23, "People's Republic of China Copyright Law" or in this Ordinance, the following acts of infringement shall bear civil liability for stopping the infringement, eliminating the effects of apology, compensation for damages:
　　(a) software without the permission of the copyright, publish, or register their software;
　　(ii) the software of others as their own software published or registration;
　　(c) without permission partners, will work with software developed by others as their own separate complete software published or registration;
　　(4) Signing on to others the software or change the signature on the software of others;
　　(v) the software without the permission of the copyright, modify, translate its software;
　　(f) other software copyright violations.

Article 24 In addition to the "People's Republic of China Copyright Law", the regulations or other laws and administrative regulations otherwise specified, without the permission of the copyright software, the following acts of infringement shall bear civil liability for cessation of the infringement, eliminating the effects , apology, compensation for damages; at the same time harm the public interest, by the copyright administration departments ordered to stop infringement, confiscate the illegal income, confiscate and destroy infringing copies, and impose a fine; the circumstances are serious, the copyright administration department and may confiscate mainly used for making infringing copies of materials, tools, equipment and so on; violate the criminal law, criminal law on the crime of copyright infringement in accordance with the provisions of the crime of selling infringing copies, be held criminally responsible:
　　(a) copy or partial copy copyright owner of the software;
　　(ii) the public distribution, rental, communication software copyright owner's information network;
　　(3) deliberately avoid or destroy its copyright protection of software copyright artificially taken technical measures;
　　(4) deliberately delete or alter rights management software ; Electronic information
　　(e) transfer or authorize others to exercise the copyright owner of software copyright.
　　The first or the second preceding paragraph of the preceding paragraph, may impose a value of 100 yuan per amount of the fine members or more than five times or less; preceding paragraph third, fourth or fifth behavior, and may impose a fine of 200,000 yuan.

Second, copyright

Legal basis "People's Republic of China Copyright Law" (revised 2010) , software copyright regulations are enacted in accordance with the law.

Copyright (also to copyright), it is understood that the legal protection of creative works and then create works and what does it mean? look down:

The second alleged copyright law works, refers to an intellectual originality and can be reproduced in a certain tangible form in the literary, artistic and scientific fields.
Article Copyright Law referred to creation, is the direct result of intellectual activity refers to literary, artistic and scientific works.

Copyright and software copyright because there is a certain similarity, not further described herein. No software works with melon and activities, to protect the use of copyright law.

Third, patent protection

Legal basis " People's Republic of China Patent Law" (2008 amendments) , the protection of innovation is undoubtedly the strongest weapon patent law, patent law first clear the purpose of screening developed.

　Article 1 In order to protect the legitimate rights and interests of patent holders, encourage inventions and promote the application of inventions to improve the ability to innovate, promote scientific and technological progress and economic and social development, this law is enacted.

Draw focus:

1, What protection?

Protection inventions patent law, including the invention, utility models and designs.

Purposes of this Law creations mean inventions, utility models and designs. The invention refers to a new technical solution of the product, process or improvement thereof. Invention, refers to the shape of the structure of the product, or to incorporate new technical solution is suitable for practical use. Design, is shaped refer to the aesthetics of the product, or a binding pattern and the binding color and the shape of the pattern made by the new design and adapted to industrial applications.

2, how to get protection?

People can own invention or patent to the State Patent Administration Department by patent agents, patent administrative department of the State granted a patent certificate after approved. Required to pay an annual fee.

After obtaining a patent, a patent without authorization shall not be involved in the implementation of technology patents. Once infringement, you can find national patent administrative department, and can bring a lawsuit to the people's court.

3, patent protection

Utility model and design protection period of 10 years, the invention of patent protection is 20 years.

Fourth, trademark protection

Legal basis "People's Republic of China Trademark Law" (revised 2019) , the logo and the name of the computer software also has commercial value, especially being known, and trademark law is to protect the powerful weapon of the results. French first cited below, which we probably understand the purpose of trademark law.

In order to strengthen the administration of trademarks, protecting the exclusive right to use trademarks, production operators to guarantee quality of goods and services, to maintain the credibility of trademarks to protect the interests of consumers producers and operators, and promote the development of the socialist market economy, specially formulated Law.

Draw focus:

1, content protection

Protected content is a trademark, in particular is a registered trademark. What is a trademark, popular understanding, it is able to distinguish with other commodities sign of your goods.

Article VIII can be any natural person, legal person or other organization of goods and commodities and distinguished from others open signs, including, as well as combinations of these elements of text, graphics, letters, numbers, three-dimensional marks, color combinations and sounds, etc., can be used as trademark registration.

What is a trademark? Popular understanding, approved by the Trademark Office, there is evidence.

　Article by the Trademark Office approved the registration of trademarks registered trademarks, including trademarks, service marks, collective marks, certification marks; trademark registrants shall enjoy the exclusive right to use the trademark, protected by law.

What is a well-known trademark? The popular understanding, trademark well-known to the public. But "well-known trademark" words can not be printed in fine merchandise, advertising, container, can not be used for commercial activities.

　Article 13 of the relevant public well-known trademark holders believe that their rights have been violated, may request the well-known trademark protection in accordance with the provisions of this Law.

Respect of the same or similar trademark application for registration of goods is a reproduction, imitation or translation of another person not registered well-known trademarks in China, likely to cause confusion, refuse to register and prohibited.

Trademark is not different or similar goods application for registration is to copy, imitation or translation of a well-known trademark already registered in China, misleads the public, the well-known trademark registrant's interests may be damaged by such registration and prohibited from use.

2, how to get protection

Apply for trademark registration with the State Trademark Bureau, the malicious application will be rejected. Required to pay fees.

Owner of a registered trademark without authorization may not be used. Once infringement, you can find industrial and commercial departments, may also bring a lawsuit to the court.