"Creative economy will become the gold industry in 2 1 century, and policy makers should pay attention to intellectual property protection, especially in the era of rapid network development." John John howkins, the father of British creative industries and chairman of creative groups and creative business schools, said in an exclusive interview with China Business News at the 2005 Shanghai International Intellectual Property Forum.
Under the network environment, the traditional intellectual property protection system is under unprecedented impact, while the new network intellectual property protection system is still far from perfect. There are still problems such as legal confirmation and scope of protection, and it is difficult to obtain evidence. Also restricted by network technology, the conflict between social realization and network social ethics leads to the anomie of the overall behavior of the network, which makes many law-abiding netizens in the real society become anonymous infringers on the network.
First of all, with the advent of the network era, the traditional intellectual property protection system has suffered an unprecedented impact. Internet has greatly changed people's way of life and communication. Traditional intellectual property rights are intangible, exclusive, regional and timeliness, but they have basically disappeared under the network environment. But the works under the network environment are digital, open and public, and borderless. The form of communication has changed greatly and the speed is faster. Moreover, once a work is made public on the Internet, it is difficult for the obligee to master a series of acts such as its dissemination, downloading and copying, and even if there is infringement, it is difficult to prove it to the court. The popularization and application of network communication has brought difficulties to the obligee to realize their rights. The obligee can't know who used his works, and if so, how many times, it is difficult to claim rights.
Secondly, with the rapid development of the Internet, a large number of works are changing from the traditional form (mainly paper form, but also audio and video form) to the network form and spreading on the Internet. In this process, there will inevitably be rights conflicts and even disputes among copyright holders, adjacent copyright holders in the traditional form and communicators in the network form. However, China's current network intellectual property protection system is not perfect. Although relevant laws and regulations have been formulated to restrict the behavior of netizens, due to the lag and conservatism of laws, legislation is far from being able to adapt to the development speed of network technology. Network infringement has the characteristics of wide geographical area, easy deletion, large amount of infringement and strong concealment. The solution of these problems depends on the development of network technology. Moreover, for the legislation of network technology, there are still a series of problems to be solved urgently, such as difficulty in confirmation, difficulty in obtaining evidence and complexity in sharing tort liability.
Third, there are great differences in people's moral concepts between traditional social reality and network society. In traditional society, relying on the supervision of laws and regulations, social morality and public opinion, as well as the reminder or concern of people around, traditional laws and morality will be relatively well maintained. Network society is a relatively free space, with no center and no clear national and regional boundaries, and people's time and space constraints are greatly reduced. Everyone's information uploaded to the Internet is displayed in the form of words, pictures and sounds. And there is no real signature, so it is difficult to confirm the identity of netizens, so anyone can escape the supervision of morality and public opinion through anonymity, so it is difficult to effectively supervise the network.
It is precisely because of the imperfection of the network intellectual property protection system and the contradiction and conflict between network morality and social morality that a large number of network intellectual property infringements occur. Beijing No.1 Intermediate People's Court is one of the courts in the national court system that accepts more cases of online intellectual property disputes. 1999, Beijing No.1 Intermediate People's Court accepted two such cases 12, and in 2006, the number rose to 95. The information provided by the hospital to reporters also shows that with the increasing number of online dispute cases, the types of cases are constantly changing. ①
AnnouncementNo. 1 issued by the National Copyright Administration in 2007 released the format templates of Notice on Requiring to Delete or Disconnect Infringed Network Content and Description on Requiring to Restore Deleted or Disconnected Network Content. This move is a model guiding format formulated by the National Copyright Administration according to the provisions of Articles 14 and 16 of the Regulations on the Protection of Information Network Communication Rights. After in-depth study and extensive solicitation of opinions, the contents of "written notice" and "written explanation" are gradually refined. Their publication is of great practical significance for effectively safeguarding the legitimate rights of obligees and facilitating the network service providers to fulfill their legal obligations, and will also play a positive role in standardizing the order of copyright protection under the network environment and promoting the healthy development of China's Internet industry.
Liu Binjie, director of the National Copyright Administration, later said: "Protecting intellectual property rights is not to cope with international pressure, but an inevitable requirement of our country's prosperity, economic development, cultural prosperity and social harmony." Liu Binjie said that protecting intellectual property rights and cracking down on infringement and piracy are one of the key tasks of "eliminating pornography and illegal publications". *, the State Council attaches so much importance to the protection of intellectual property rights, first of all, because cracking down on infringement and piracy is to protect the nation's innovative ability and serve the strategic goal of enhancing the creativity of the whole nation and building an innovative country. Second, hold high the banner of intellectual property protection, fulfill international commitments, establish a good image of the China government as honest and responsible, and create a good international environment for the development of China. Third, standardize the cultural market according to law, create a level playing field, promote the healthy development of China's copyright industry, and safeguard the legitimate interests of knowledge workers.
It can be seen that the protection of network intellectual property rights is necessary and necessary.