what about we properly implement copyright and protection for software to prevent cloning style theft? I mean we haven't had an innovation in patents and trade

what about we properly implement copyright and protection for software to prevent cloning style theft? I mean we haven't had an innovation in patents and trademark for software for how long? Why is it that only hardware can be copyrighted and trademarked - can we really find no way to do this that can't be abused by patent trolls?