Software intellectual property rights

From a legal perspective, the software development process can be divided into 5 main stages: First, the programmer determines the purpose that the software will serve the user. The second is the design of the system structure, the process of determining the necessary modules and the relationship between those modules, including the integration of the modules, the design of the flow control flow in the system. and define the corresponding data stream. The third is abstract data type design, each task/function that a module has to deal with is further broken down into operations or tasks to be performed, with the corresponding data type that each module must solve. math/action to be applied. Fourth is algorithms and data structures, an algorithm is a detailed series of steps that must be taken to complete an operation/task, and each operation/task can be solved by some other algorithm. together. Correspondingly, the data structure is also a more specific design step for each data type that has been determined at the abstract data type design stage through 6 parameters: base data type, value, variable, arrays, records, and pointers. Fifth, based on detailed algorithms and corresponding data structures, programmers will write source code and machine code.

The main intellectual property objects related to a piece of software are: inventions, trade secrets and copyrighted works. The most innovative part of software is the system structure, algorithms can be protected as patents or trade secrets. Foreign enterprises are very interested in software protection in these forms, many enterprises have registered for software patent protection in Vietnam. Meanwhile, enterprises in the software industry in Vietnam are currently only interested in copyright protection with source code and machine code (also known as primitive elements of software). Activities that violate intellectual property rights for software in Vietnam are mainly using uncopyrighted software, co-founders or employees use source code, machine code for other software with similar functions. The world’s software disputes involve all three objects of intellectual property, namely inventions, business secrets and copyrights. As for copyright, besides source code and machine code, businesses around the world are also interested in protecting the structure – sequence – organization SSO and user interface of the software. also known as non-verbal elements of software).

In order for Vietnam’s software industry to develop, businesses need to invest in the parts with a large proportion of creativity in the software development stages, instead of just receiving the source code outsourcing part.