Viewpoint

1. Protection of the intellectual propriety of software from laws, regulations, and rules pertaining to the copyright

2. Integrated protection of the intellectual propriety of software from governing laws

3. The international convention or pact concerning the protection of intellectual propriety of software which China has participated in or contracted

4. Assessment and dynamic survey of the legislation on the intellectual propriety of software in China

 

Ⅰ. The policies for protection of software intellectual propriety in China

1. Decisions on Further Fortifying the Protection of Intellectual Propriety issued by the State Council in July, 1994

2. Action Plan of Effective Protection and Execution of Intellectual Propriety made at the executive meeting of intellectual propriety of the State Council in February, 1995

3. Chief Points on the Fortification and Current Execution of Protection of Intellectual Propriety drafted by the office for executive meeting of intellectual propriety of the State Council and distributed by the State Technology and Science Commission in December, 1997

4. Notice for Not Using Illegally Duplicated Computer Software made by the State Bureau of Copyright and forwarded by the State Council in April, 1999

5. Decisions on Strengthening the Technological Innovation, Developing Hi-tech and Realizing Industrialization jointly issued by the Central Committee of China Communist Party and the State Council in August, 1999

6. Policies of Encouraging the Development of the Software Industry and Integrated Circuit Industry issued by the State Council in June, 2000

7. Other important documents

Ⅱ. The judiciary protection of the intellectual propriety of software in China

1.   Summary of the jurisdiction of the protection of the intellectual propriety of software in China

a.       The judiciary unit and judgment organization for the protection of the intellectual propriety of software

b.      The range of cases of intellectual propriety of software accepted by the People’s Court.

2.   Key cases of the intellectual propriety of software in China from 1999 to 2000

a.       Microsoft’s suit against Yadu Sci-Tech Group

b.              Pacific Uni Inc. and Beijing Jingyan Company suing against Avon, Guangzhou

c.       China Science Academy of Architecture suing against Li Sun and the Computer Press

d.      The larceny of business secrets in the software of Golden Yikang Inc.

e.       China General Company of Computer Software and Technology Service suing against Beijing Innovative Future Sci-Tech Company

f.        Beijing You 100 Sci-Tech Company suing against Shenzhen Sangai Sci-Tech Co. Ltd.

Ⅲ. Execution of Jurisdiction on the protection of the intellectual propriety of software in China

1.    The executive and administrative units for the protection of the intellectual propriety of software

a.              The office for the executive meeting of intellectual propriety of the State Council

b.             The State Bureau of Copyright

2.    The executive fines and punishments for illegally duplicated software

a.  The executive and administrative units at all levels nationwide

b. Customs

c.  The police departments

Ⅳ. The situation and causal analysis of the protection of the intellectual propriety of software in China

    1. Current situation

a.  Serious illegal duplication of software

b. Infringement in other means

c.  Conflicts on the intellectual propriety of software increasing

    2. Cause analysis

a.  On the understanding of the intellectual propriety of software by enterprises and users

b. On the price of official software

c.  On the legislation, jurisdiction, and execution

Ⅴ. Outlook on the protection of the intellectual propriety of software in China in 2001

1. Considerable revision of the Regulations on Protection of the Computer Software

a.  China shall proceed to conduct the legislation mode that allows for the  co-existence of regulations on protection of the copyright and of the computer software

b.  The protection period of the intellectual propriety of software shall be  prolonged.

c.  The practice of registration for protection of the intellectual propriety of software shall be changed.

d.   The definition of the intellectual propriety of software shall be broadened, and the rental right as well as the broadcasting right are expected to be legislated.

e.   There shall be particular regulations on the authorized use and transfer of the computer software.

f.    There shall be new regulations that more strictly define the reasonable application of the intellectual propriety of software.

g.  There shall be more specific and stringent regulations outlining the legal responsibilities for the infringement of software.

h.  The right of the intellectual proprietor of software shall be firmly guaranteed by the specification of legitimate compensation sums for damages.

i.    Regulations on the pre- suit ban could be added in the lawsuits of infringements on software copyrights

j.    The executive fine on serious infringements shall be strengthened and new executive measures could be added.

2. Other important revisions of other laws pertinent to the intellectual propriety