중국의 인터넷 지식재산권 침해와 보호에 관한 연구

Abstract

With the rapid development of Internet technology and the number of Internet users continue to increase, the Internet has brought us convenience, but it also brings problems. Compared to traditional intellectual property rights, the online intellectual property combines the two characteristics of network technology and intellectual property. These characteristics break the proprietary, regional and timing characteristics of the traditional intellectual property rights. People’s intelligence outcome can be propagated to all over the world only if the place is covered with internet.

The intellectual property rights infringement cases became broader, shorter, and more infringer features. These infringement cases become more frequent, various types of infringement have been submitted, and more and more rights have been infringed. As there are governance vulnerabilities of the Internet and loopholes in the law, the current legislation can not keep up the pace of development of computer network technology, and it makes it difficult to trace the responsibility of the infringer.

The equity interests are not duly protected. Violations of intellectual property extend beyond the individual, and many international big companies get stuck. As the network intellectual property rights are not well protected, it is leading to more infringement and is bound to affect the development of the Internet.

China put too much emphasis on government control which may affect on the development and improvement of the networking industry. The relevant departments protecting internet intellectual property has develop a series of rules and regulations, but these are low-leveled, and lack of authoritative, systematic, and coordination with other laws. The number of regulations on management of the government is much more than the NPC's legislative. In legislative process, the lack of democratic participation led to many loopholes in the management and the lack of legality. Therefore, legislation should be strengthened to establish the internet intellectual property rights regulatory agencies to strengthen links with the international protection of intellectual property department, learning the advanced experience of foreign internet IPR cases. So that it can improve the awareness of intellectual property rights of internet users and create a harmonious Internet environment.