The Legal Regime of Protection of Computer Programs under the Legislation of China
- Authors: Sviridova E.A.1
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Affiliations:
- Financial University under the Government of the Russian Federation
- Issue: Vol 19, No 1 (2023)
- Pages: 138-143
- Section: Private Law (Civil) Sciences
- URL: https://journals.eco-vector.com/2541-8025/article/view/568220
- ID: 568220
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Abstract
The article analyzes the question of choosing the most optimal mode of legal protection of a computer program as an object of intellectual property under Chinese law. The purpose of the study is to determine the place of a computer program in the system of results of intellectual activity, taking into account the legislation of patent practice in China. Despite the absence of computer programs among patentable objects, based on the analysis of patent practice, it is concluded that it is possible to patent computer programs, provided that a number of requirements for the wording of the patent application are met. The weak reliability of the legal protection of software as an object of copyright in China is proved. The patent-legal regime of protection of a computer program in China is more preferable, for obtaining which it is required to prove the connection of the software with the technical field or the achievement of a technical result.
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About the authors
Ekaterina A. Sviridova
Financial University under the Government of the Russian Federation
Author for correspondence.
Email: ESviridova@fa.ru
ORCID iD: 0000-0002-7791-0550
Cand. Sci. (Law), Associate Professor of the Department of Legal Regulation of Economic Activity
Russian Federation, MoscowReferences
- Belikova К. National peculiarities of patent rights protection in Russia, India and China // Intellectual Property. Industrial Property. 2015. № 2. P. 40–53.
- Ginodman E.N. Source text and object code of computer programs as objects of legal protection // Zakonius: website. 2021. [Electronic resource] URL: https://zakonius.ru/ (date of application: 04.01.2023).
- Devlyatshina M. Protection of rights to a computer program // EZh-Yurist. 2017. № 25. P. 13.
- Merzlyakov A.P. Computer software as objects of copyright // Intellectual Property. Copyright and Related Rights. 2020. № 7. P. 59–64.
- Novoselova L.A. State registration of computer software: a model for the future of copyright? // Bulletin of economic justice of the Russian Federation. 2021. № 1. P. 62–71.
- Salnikov M.Yu. Practice of it patenting // Intellectual Property. Industrial Property. 2021. № 10. P. 43–50.
- Saulin I.N. The practice of recognizing exclusive rights to derivative computer programs // Intellectual Property. Copyright and Related Rights. 2018. № 10. P. 43–56.
- Sokolov D.V., Shishenina I.V. On the issue of determining the criteria for changes to the computer program // Association of Software Product Suppliers: website. 2020. URL: http://www.appp.ru [Electronic resource] URL: Article: On the issue of determining the criteria for changes in the computer program (Sokolov D.V., Shishenina I.V.) («Website of the Association of Suppliers of software products NP PPP», 2020) —ConsultantPlus (consultant.ru) (date of application: 04.01.2023).
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