Articles 46 and 47 of the Copyright Law of People's Republic of China (PRC) stipulate that unauthorized use of a work protected by the copyright law without the permission of the copyright owner is an act of copyright infringement. There are three common forms of copyright infringement in the network:
First, it is very common to copy all or part of other unauthorized web pages and put them under your own name. But unconsciously, it has constituted infringement, but most of the plagiarized websites belong to small stations, and the infringed person has not found or has no strong awareness and necessity of rights protection, and allows them to exist at will.
Second, copying other people's web pages and modifying them still constitutes plagiarism, which may damage the good image of the infringed party. Of course, the premise is that the other party has a certain popularity and positive image. Usually plagiarism, plagiarism and modification have not reached such a level, so plagiarism and plagiarism are so rampant. Organizations with awareness of intellectual property protection and a certain reputation will pursue the legal responsibility of the infringer and ask him to stop the infringement and compensate for the losses.
Third, the infringer steals other people's website data through network technology, takes it for himself, and then makes the same website for profit without permission, which seriously infringes on the rights and interests of the stolen person. This behavior may involve hackers invading other people's servers, and serious cases may be investigated for criminal responsibility according to law. Trademark infringement is the main infringement way of the network.
In the past 30 years, with the rapid development of network information technology, internet trade has become increasingly prosperous, accounting for a higher and higher proportion in the national economy. Due to the characteristics of the network, information can only be obtained by browsing web pages, clicking on pictures, watching videos and listening to audio before trading. Commercial propaganda information is presented to consumers in these media. Consumers have limited channels to know about goods, so they can only passively accept the information presented by merchants, sell trademarks in the case that known trademarks are counterfeit for profit, or directly and intentionally use well-known trademarks to package and advertise their own goods. This behavior aims to expand their sales by borrowing other people's trademarks and brand awareness. This kind of infringement of trademark rights is very typical. Due to the high popularity of online shopping, the number and amount of such transactions are constantly rising, and at the same time, infringement acts are also emerging one after another. Some acts are even outrageous, not only illegal, but even suspected of committing crimes.
Another main way is to infringe patent rights.
In detail, there are the following patent infringements on the Internet:
1. Without the permission of the obligee, use the patent numbers of other obligees on the commodities manufactured or sold by themselves, the packaging of commodities and other UI interfaces, and use them for publicity and profit.
2. Using other people's patent numbers in their online advertisements without the permission of the obligee, including text advertisements, picture advertisements, animation advertisements, patch advertisements, video advertisements and audio advertisements, which leads consumers to mistakenly think that the infringer has a patent right when purchasing, thus generating consumption and damaging the rights and interests of the obligee.
3. Without the permission of the obligee, when signing a contract, agreement or other legally binding contract documents with a business partner, the business partner uses an unauthorized patent number, so that the business partner mistakenly thinks that the infringer has a patent. 4. Forge or alter other people's patent certificates, patent documents or patent application documents for their own use, so that others mistakenly think that the infringer owns the patent or is applying for the patent.
There is another kind of infringement that is different from the above-domain name cybersquatting infringement.
The so-called domain name cybersquatting infringement refers to that non-right holders deliberately take advantage of the loopholes of well-known trademarks and unregistered domain names of well-known trademarks to cybersquatting and sell their own trademark names, company names, homophones, synonyms and digital homophones. Or preempting and then building a website to sell competitive or non-competitive goods, so that consumers associate with a certain brand, which constitutes infringement of the brand. Or it is not used for profit after cybersquatting, just to maliciously prevent the infringer from registering, which also constitutes a violation of the anti-unfair competition law. Infringement of registered domain names generally occurs on well-known and well-known trademarks, and there are acts of deliberately profiting from it, or attacking or hurting the infringed. According to the principle of trademark anti-dilution, its behavior constitutes dilution of well-known trademarks and trade names, which is also illegal and should be investigated for legal responsibility. Internet domain names (Internet address resources) include English domain names, Chinese domain names, universal websites, wireless websites, etc.