China's information property legislation has successively promulgated and implemented the Trademark Law, the Patent Law, the Copyright Law, the Regulations on the Protection of Computer Software, the Measures for the Registration of Computer Software Copyright, and the Copyright Provisions for Making Digital Products. At the same time, in order to connect with the international information market, China has successively joined the World Intellectual Property Organization and international intellectual property protection conventions such as the Paris Convention for the Protection of Industrial Property, the universal copyright convention, the Malchow Agreement on International Registration of Trademarks, the Berne Convention for the Protection of Literary and Artistic Works, and the Patent Cooperation Treaty.
In terms of information security protection legislation, the Law on Guarding State Secrets, the Archives Law and relevant regulations formulated by various ministries and commissions have been formulated. For example, the Science and Technology Security Regulations issued by the Ministry of Science and Technology, the Press and Publication Security Regulations issued by the State Secrecy Bureau and the Press and Publication Administration, and the Computer Information System Security Protection Regulations issued by the State Council.
In terms of information market legislation, technology contract law, anti-unfair competition law and advertising law have been promulgated and implemented one after another.
In terms of computer network management, there are Interim Provisions on the Administration of Computer Information Network International Networking, Interim Measures for the Administration of Internet Domain Name Registration in China, Measures for the Implementation of Interim Provisions on the Administration of Computer Information Network International Networking, and Decision on Maintaining Internet Security.
In promoting industrial development, China has promulgated the Regulations of People's Republic of China (PRC) Telecom, Standards and Management Measures for Software Enterprises and Management Measures for Software Products.
(2) Problems existing in China's information legislation.
First, information legislation still lacks the overall system structure, which is manifested in: there is no unified information legislation department; Information law has not yet become an independent branch of the legal system; Information law still lacks in-depth theoretical research; The formulation and implementation of laws are seriously fragmented, and many promulgated laws still have distinctive departmental characteristics.
Second, from the existing specific legal content, there are many gaps. For example, in the Contract Law, there are less than 200 words of specifications concerning electronic contracts, which has seriously fallen behind the needs of the development of e-commerce. The legal aspects of the network information market are basically blank, lacking clear trading rules, reasonable price system and concrete and feasible information industry standards and codes of conduct, and there is no clear definition of monopolistic behavior and unfair competition behavior in the network market, and there is no clear punishment standard for information pollution.
Third, the information popularization for the public is still very weak. The information of the whole people is law-abiding and the awareness of rights protection is weak.
(3) Countermeasures of information legislation in China
In view of the present situation of our country, the key points of future information legislation are: revising existing laws and regulations to meet the needs of national information development; Pay close attention to the formulation and promulgation of various laws and regulations and supporting management regulations, form a relatively complete legal system, create a fair, reasonable and orderly competitive environment through legal means, and accelerate the establishment and improvement of relevant law enforcement systems and supervision systems.
The legal framework of future information legislation should mainly include the following contents:
(1) Access to information law. This series of laws is used to regulate the rights and obligations of institutions and individuals to obtain information, including the collection, storage, transmission and utilization of information.
(2) Intellectual Property Protection Law. With the deepening of the WTO process, how to respect other countries' laws and regulations and strengthen self-protection under the global intellectual property rules is an urgent problem for us to solve. Therefore, the future information legal system needs to consider intellectual property issues such as copyright, trademarks, integrated circuits and new biological species.
③ Laws on information security and anti-information crime. It is necessary to integrate the scattered information security laws and regulations and the definition of information crime, and to introduce complete information security and anti-information crime laws.
④ E-commerce law series. As an important development direction of future business model, e-commerce must first be guaranteed and promoted by law. In the legal series of e-commerce, it should include: transaction law, subject law, market order law, intellectual property law, securities law, financial regulations of e-commerce and so on.
⑤ Laws on * * * access to information resources and services. It is necessary to stipulate how to protect and obtain information resources as public wealth, and to stipulate management regulations or laws on information provision services, delivery services, content production, information consulting services, etc.