Legal subjectivity:
No. Software copyright belongs to the scope of copyright and is protected by the Copyright Law. It is not a type of patent and is not protected by the Patent Law. Both belong to the same concept of intellectual property, but are of different types. The software copyright registration certificate is a software certification material obtained through the review of a national accreditation agency (Copyright Protection Center), while a patent is an invention protected by legal regulations. It refers to an invention. An invention-creation submits a patent application to the national examination and approval authority (Patent Office). After passing the examination in accordance with the law, the patent applicant is granted the exclusive right to the invention-creation within a specified period of time. Computer software copyright refers to the various exclusive rights enjoyed by software developers or other rights holders in accordance with the relevant copyright laws for software works; in terms of the nature of the rights, it is a civil right, and ** with civil rights *Same characteristics. Article 11 of the Patent Law of the People's Republic of China After an invention or utility model patent is granted, no unit or individual may exploit the patent without the permission of the patentee, except as otherwise provided in this law. , that is, it is not allowed to manufacture, use, offer for sale, sell, or import its patented products for production and business purposes, or use its patented methods, or use, offer for sale, sell, or import products directly obtained according to the patented method. After the design patent right is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, offer for sale, sell, or import its design patented products for production and business purposes. Legal objectivity:
Does software have patents? There are only two situations where software can apply for patents: 1. The software can solve certain technical problems in the production process, and you can apply for invention patents. 2. Software has hardware as a carrier, and can be used for both invention and practical purposes. According to the provisions of the Criminal Law, those who infringe copyrights shall bear the following criminal liabilities: (1) Article 217 of the Criminal Law stipulates: If for the purpose of profit, one of the following copyright infringement circumstances occurs, the amount of illegal gains is relatively large, or there are other serious circumstances, The person shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; if the amount of illegal income is huge or there are other particularly serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined: 1. Without the permission of the copyright owner, Copying and distributing his written works, music, movies, television, video works, computer software and other works; 2. Publishing books for which others have exclusive publishing rights; 3. Copying and distributing his or her works without the permission of the producers of audio and video recordings. Making audio and video recordings; 4. Producing and selling works of art that counterfeit the signatures of others. (2) Article 218 of the Criminal Law stipulates: Whoever, for the purpose of profit, knowingly sells infringing copies as stipulated in Article 217 of this Law, and the amount of illegal gains is huge, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. , and shall be fined or solely fined. (3) If a unit commits a crime stipulated in Articles 213 to 219 of this section, the unit shall be fined, and the person in charge and other directly responsible persons directly responsible shall be fined in accordance with the provisions of each article of this section. Specify penalties. Legal basis: Article 2 of the Patent Law of the People's Republic of China. The inventions and creations referred to in this Law refer to inventions, utility models and designs. Invention refers to a new technical solution proposed for a product, method or improvement thereof. Utility models refer to new technical solutions proposed for the shape, structure or combination of products that are suitable for practical use. Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial applications, based on the shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern.