The openness and enjoyment of the network make it easy for any network user to copy, download and reprint the works of the right holder, and infringement is very easy to occur. Of course, in the network environment, intellectual property rights infringement mainly focuses on infringement of copyright, trademark rights and patent rights. I. Infringement modes of online intellectual property rights 1. According to the provisions of Articles 46 and 47 of China's Copyright Law, unauthorized use of works protected by the copyright law without the permission of the copyright owner is an act of copyright infringement. Internet copyright content infringement can generally be divided into three categories: first, completely copying other web pages; Second, although the content of other web pages is slightly modified, it still seriously damages the good image of the copied website; Third, the infringer stole the data of other websites through technical means, and illegally made a website that is the same as other websites, which seriously violated the rights and interests of other websites. With the development of information technology, online sales have become one of the means of trade. In online transactions, the only way for us to know about online goods is to browse the web page and click on the pictures, but online publicity is usually difficult to distinguish between true and false, while knowing that goods with counterfeit registered trademarks are still on sale, or using registered trademarks for packaging, advertising or display of our own products, that is, stealing a column to increase our business income. This is online. The universality of online shopping behavior makes more and more online shop operators, from electrical appliances to furniture, from clothing to accessories. Some online shop operators openly sell goods with counterfeit registered trademarks at low prices on the Internet, and some even violate the criminal law and constitute crimes. 3. The main ways of network infringement of patent rights There are four main forms of network infringement of patent rights: without permission, the product or product packaging manufactured or sold by it is marked with the patent number of others; Using other people's patent numbers in advertisements or other promotional materials without permission, causing people to mistake the technology involved for other people's patented technology; Using someone else's patent number in a contract without permission, causing people to mistake the technology involved in the contract for the patented technology of others; Forging or altering other people's patent certificates, patent documents or patent application documents. Second, the countermeasures of network intellectual property protection 1. Patent protection: only the owner of intellectual property rights can use it, and others use it as infringement. The law stipulates that if there is any act of selling counterfeit products by using patent rights without the permission of the patentee, or carrying out promotional activities in the name of patent rights, it will be punished by law; 2. Domain name protection: Domain name is the website we often talk about. As we all know, as long as there is a link to a website, we can log on to any website. There are no restrictions, but this kind of behavior is very dangerous for intellectual property owners, because some websites are not very secure, and the websites we log in may be infringed. Therefore, the state should also increase the protection of domain names. 3. Protection of the database: A large amount of information is stored in the database. Once it is leaked, it is likely to be stolen and copied by others. This is a great loss for intellectual property owners, and the protection of all databases is also very important. 4. Network copyright protection: Because information is enjoyable and will be copied and used by many people, the value of intellectual property will be reduced. Therefore, tracking the use of property rights can effectively protect network copyright from infringement. Third, the protection of network intellectual property rights 1, improve the legislation of intellectual property rights in cyberspace. Although there are normative legal documents on the protection of intellectual property rights in cyberspace in China at present, most of them appear in the form of judicial interpretation or administrative regulations, and the legal rank is not high. So it needs to be further improved. 2. Promote the administrative protection of intellectual property rights in cyberspace. We must strengthen the administrative law enforcement of intellectual property protection in cyberspace, realize the coordination between administrative law enforcement and judicial protection in cyberspace, and realize the * * * enjoyment and optimal allocation of administrative law enforcement resources and judicial trial resources. 3. Strengthen international cooperation in the protection of intellectual property rights in cyberspace. On the basis of mutual trust, mutual understanding and mutual benefit, strengthen cooperation with domestic and foreign Internet enterprises, especially international organizations and government departments in various countries and regions around the world. Actively promote the formulation of international rules related to intellectual property protection under the Internet environment, and provide a clearer and better international legal framework for intellectual property protection in the Internet era.
Legal objectivity:
Article 57 of the Trademark Law commits any of the following acts, which are all violations of the exclusive right to use a registered trademark: (1) using a trademark identical to its registered trademark on the same commodity without the permission of the trademark registrant; (2) Without the permission of the trademark registrant, using a trademark similar to its registered trademark on the same kind of goods, or using a trademark identical with or similar to its registered trademark on similar goods is likely to cause confusion; (3) selling goods that infringe upon the exclusive right to use a registered trademark; (4) Forging or unauthorized manufacturing of registered trademark marks of others or selling forged or unauthorized registered trademark marks; (five) without the consent of the trademark registrant, the registered trademark is changed and the goods with the changed trademark are put on the market again; (6) Deliberately facilitating the infringement of the exclusive right to use a trademark of others and helping others to commit the infringement of the exclusive right to use a trademark; (seven) causing other damage to the exclusive right to use a registered trademark of others. Legal basis: Article 10 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Infringement of Intellectual Property Rights commits one of the following acts, which belongs to the act of "counterfeiting others' patents" as stipulated in Article 216 of the Criminal Law: (1) without permission, marking the patent number of others on the products or product packages manufactured or sold by them; (two) without permission, using the patent number of others in advertisements or other promotional materials, making people mistake the technology involved for the patented technology of others; (3) Using someone else's patent number in a contract without permission, causing people to mistake the technology involved in the contract for the patented technology of others; (4) Forging or altering other people's patent certificates, patent documents or patent application documents.