What are the countermeasures for Internet intellectual property protection
1. Online copyright protection
1. The information resources in the network digital space have a non-linear structure exists, is easily copied, transmitted, compressed and used multiple times, thus bringing difficulties to the protection of online copyrights. Many concepts of traditional copyright have been impacted in the Internet environment, such as the redefinition of basic concepts such as "publication", "copying" and "distribution", and the redefinition of the scope of application of the "fair use" principle. On the Internet, it is also more difficult than before to confirm copyright owners, infringers and infringers.
2. Online copyright is generated based on the creation of works , it does not need to be approved by any department, nor is it required to be published or registered. Once the work is created, it automatically generates rights and is protected by the Copyright Law. Article 2, paragraph 2, of the "Interpretations on Several Issues Concerning the Application of Law in the Trial of Cases Involving Computer Network Copyright Disputes" adopted by the Supreme People's Court on November 22, 2000 stipulates that "Article 10 of the Copyright Law shall apply to all copyright rights. Copyright for digital works. Disseminating works to the public through the Internet is a method of using works stipulated in the copyright law. The copyright owner has the right to use or license others to use the work in this way and receive compensation for it."
3. In an online environment, works or phonograms may not be uploaded or disseminated online without the permission of copyright owners, performers and phonogram producers. The Supreme People's Court of China's "Interpretation on Several Issues Concerning the Application of Law in the Trial of Cases Involving Computer Network Copyright Disputes" confirms that online communication is one of the uses of works under China's Copyright Law, and clearly stipulates the protection of the copyright owner's right to access the Internet. When an author uploads his work in accordance with the law, visitors can read and download the work for free. However, counterfeiting other people's works, or tampering with or erasing other people's works without the rights holder's permission constitutes infringement. However, online information can easily be used by others. Copying, tampering and erasure, thus causing great damage to the right holder. In this regard, firstly, it is necessary to establish and improve the management regulations of online copyright; secondly, we need to start from the liability system, that is, when it is impossible to pursue the real infringer , investigate the joint infringement liability of websites and online online service providers. The third is to use technical means to digitally watermark the information of uploaded online works, and track the entire process of copying, downloading and other technical protections, which can effectively combat piracy and other infringements. The fourth is to build an Internet moral system. Morality relies on people's inner self-discipline to regulate people's behavior. Strengthen people's inner self-discipline on the Internet to achieve prior prevention of Internet infringement.
2. Database protection
Database is the earliest form of information resources , with the development and improvement of the network environment, databases have developed more rapidly and become more widely used, and people have increasingly called for stronger protection of databases. They can be protected by copyright as compiled works. For those who do not enjoy copyright, A database consisting of "data or other materials", according to Article 10, Paragraph 2, of the WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights, "should be protected as long as the selection or arrangement of its content constitutes an intellectual creation." China Database protection should be able to bothTo promote the development of the ethnic database resource industry, we must also avoid and reduce the monopoly of database resources by Western developed countries, and build a complete database copyright protection system under the premise of copyright law protection.
3. Protection of domain names
Domain name, also known as website address, It is a computer address connected to the Internet and is designed to make it easier for people to send and receive email or visit a website. A domain name is an independent intellectual property. Domain name disputes and their legal modulation have always been the focus of intense debate around the world, and are not covered by traditional legal theories.
There are no laws specifically regulating domain names and trademarks in our country Conflicting laws and regulations, the Supreme People's Court issued a judicial interpretation "Interpretation on Several Issues Concerning the Application of Law in the Trial of Civil Cases Involving Computer Network Domain Name Disputes". This interpretation is the most direct legal basis for adjusting domain name disputes in my country. In order to solve the current dilemma in dealing with this issue in our country, and learn from the judicial solutions of various countries in the world, the most important thing is to formulate a special domain name protection law that is adapted to the development of the Internet. According to the characteristics of the Internet and from the perspective of domain name intellectual property protection, our country should speed up the pace of legislation and formulate a domain name protection law suitable for the Internet era as soon as possible, clarify the legal status of domain names and the principles and solutions for domain name disputes, so that domain name The protection of this emerging object in intellectual property rights is based on law. However, before a special domain name protection law is formulated, in order to facilitate domain name disputes to have legal basis in judicial practice, the interpretation of certain provisions in the existing intellectual property law should be expanded.
4. Protection of patent rights
In addition to the above common types of cases, patent infringement is also one of the types of Internet-related intellectual property disputes. However, there are not many dispute cases of this type. China's Patent Law "stipulates: "After the patent right is granted, no unit or individual may manufacture, use, offer for sale, sell, or import its patented products for production and business purposes without the permission of the patentee; nor may it use its patented methods." Without the patent, The act of exploiting someone else's patent with the permission of the right holder is an infringement and shall be punished by law. The same is true for copyright and registered trademark rights. They cannot be used without the permission of the right holder. This is stipulated in China's Copyright Law and Trademark Law. For For infringement of intellectual property rights, the right holder may file a lawsuit in the People's Court or request the intellectual property management department to investigate and deal with it.
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