Abstract: It is common practice in the world to include computer program in the scope of
copyright. China is no exception for the source program and object program are protected as
"a same work" in "Regulation on the Protection of Computer Software" and "Copyright Law
(revised draft manuscript)". However, the source program is the origin of the object program and
has strong technical association with the latter, but it still differs from the latter greatly in many
aspects. The mode of protecting them as a same work cannot protect the privilege of holders
appropriately. Therefore, considering the special attributes of source program and the reality of the
software technology development in China, it is suggested that source program and object program
should be protected differently, the object program should be protected by copyright as well as the
source program should be protected by trade secret law mainly and copyright law secondarily.