Ping, Zhang; Zhaoping, Meng --- "Computer Software, Information Technology and e-Commerce (1)" [2011] ELECD 846; in Kariyawasam, Rohan (ed), "Chinese Intellectual Property and Technology Laws" (Edward Elgar Publishing, 2011)

Book Title: Chinese Intellectual Property and Technology Laws

Editor(s): Kariyawasam, Rohan

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781849800082

Section: Chapter 9

Section Title: Computer Software, Information Technology and e-Commerce (1)

Author(s): Ping, Zhang; Zhaoping, Meng

Number of pages: 29

Extract:

9. Computer software, information
technology and e-commerce (1)
Zhang Ping1 and Meng Zhaoping

9.1. INTRODUCTION

The application of computer software, information technology and
e-commerce in China developed contemporaneously with changes in tech-
nology worldwide. The relevant Chinese legislation has also taken note of
the laws of the developed countries as well as relevant international treaties.
In China, computer software is primarily protected by copyright law.
With the development of expectations by rights owners of software for
substantive protection of the technology, as well as increasing competition
in the market, patent protection has also been sought. However, software-
related patents are mainly filed by foreign companies through the Patent
Cooperation Treaty.2 Importantly, the provisions on computer software-
related patent applications have been incorporated into the Chinese
Patent Examination Guidelines in order to clarify the requirements of
software-related patents, as provided by China's Patent Law for granting
patent rights to computer software, and which is in line with other modern
developed patent systems throughout the world.3
The protection of software under contract law has always been applied
by enterprises in software trade activities. Since Chinese enterprises, in


1 Zhang Ping, Professor of Law, Administrative Vice President, School of

Intellectual Property, Peking University; Meng Zhaoping, Peking University. The
authors are grateful to He Huaiwen for help with translation.
2 The Patent Cooperation Treaty (PCT) allows for patent protection for

an invention simultaneously in each of a large number of countries by filing an
`international' patent application. ...