Network intellectual property rights are all kinds of intellectual property rights arising from or related to the development of digital networks. Copyright includes copyright and neighboring rights, and industrial property rights include patents, inventions, utility models, designs, trademarks, trade names, etc.
Infringement methods of network intellectual property rights
According to the traditional classification of intellectual property rights, the infringement methods of online intellectual property rights can be divided into the following categories:
(A) the main ways of network copyright infringement
According to Articles 46 and 47 of China's Copyright Law, unauthorized use of a work 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.
(B) the main ways of online infringement of trademark rights
With the development of information technology, online sales have also 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. However, online publicity is usually difficult to distinguish between true and false, while goods that are counterfeit registered trademarks are still being sold, or registered trademarks are used for packaging, advertising or display of their own products, that is, by stealing the column to increase operating income. This is a typical manifestation of online trademark infringement. 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 online patent infringement.
There are four main forms of online patent infringement: without permission, marking the patent number of others on the products or product packages manufactured or sold by them; 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.
Means of protecting intellectual property rights
At present, there are two main means for the international community to protect the rights and interests of information developers: one is legal means; The second is technical means. Technical protection is something that we contact more, such as adding encryption dogs, encryption cards or disks, and restricting the copying or use of software, which are mostly adopted in China, but it also increases the burden of development work and brings inconvenience to users. In terms of law, most countries provide knowledge protection through copyright law.
However, with the progress of technology, such technical protection measures are not indestructible. Especially with the development of computer network, the top secret databases of the White House, the Pentagon and other institutions frequently become the targets of computer experts. But what we can see is that our law does not prohibit this kind of computer intrusion, but if it does not cause other infringement, it is not illegal. In the traditional knowledge protection system, the boundary between illegality and non-illegality is whether the entry behavior or the information obtained from it is for personal use. However, with the development of computer network, it is possible for people like hackers to access those confidential data related to national security through the network. At this time, even "personal use" is probably not a beneficial thing. It becomes more difficult to distinguish the concept of "personal use".
It can be seen that technical protection is not enough to fundamentally protect network intellectual property rights, but also needs the help of legal protection. In the United States, the legal protection of intellectual property rights has a long history. 1789, Chapter 1, Article 8, Paragraph 8 of the Constitution, points out that Congress has the right to "guarantee the exclusive rights of writers and inventors to their respective works and inventions for a certain period of time, so as to promote the progress of science and practical arts". Since then, the United States has enacted patent law, trademark law, copyright law, anti-unfair competition law, internet law and software patents. In order to fully fulfill the obligations stipulated in the Agreement on Trade-related Aspects of Intellectual Property Rights of the World Trade Organization, the US government promulgated the Uruguay Round Agreement Law on February 8, 1994, which further revised and improved the intellectual property law. The protection of network knowledge is carried out through copyright law. In the original system, the protection of intellectual property rights from the technical point of view itself is not protected by law, that is to say, it is generally not illegal to simply lift the technical protection measures. In other words, as long as there are enough technical means, it is not illegal to access and browse those top-secret databases in the network. In addition to judicial protection, the United States also uses administrative procedures and arbitration systems to protect online intellectual property rights.
Japan has established a strong response mechanism for intellectual property infringement, strengthened law enforcement, severely cracked down on and banned online infringement, and improved legislation and various protection systems, which has effectively cracked down on intellectual property infringement.
Europe is the birthplace of intellectual property protection in the world. Since the 1970s, with the continuous expansion of international commodity trade in Europe and the formation and development of international intellectual property market, the intellectual property protection of European countries has shown an integrated trend. Today, the formulation of a number of intellectual property laws and regulations in the European Union has formed a unified "European" rights system, and the coordination and unification in the field of intellectual property protection has reached a fairly high level.
All countries in the world are strengthening the protection of network intellectual property rights, and are also facing the revision and adjustment of the current intellectual property system to adapt to the development of modern technology. Many countries, regions and relevant organizations have also taken corresponding measures and means. For example, the World Trade Organization adopted the Agreement on Trade-related Aspects of Intellectual Property Rights; The World Intellectual Property Organization has formulated copyright treaties and phonograms treaties. The United States passed the Digital Millennium Copyright Act in 1998; The European Union has issued a copyright directive for the information society.
China is also seizing the opportunity, basing itself on its national conditions, striving to be in line with international standards, seeking effective solutions, and providing strong legal protection for the increasingly prosperous development of online intellectual property rights. China amended the copyright law on 200 1. In 2005, the first white paper on intellectual property protection proposed to build an "innovative country" and directly hit the Internet field. In 2006, the State Council promulgated the Regulations on the Protection of Information Network Communication Rights, and promised to join the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty when conditions are ripe. In the report of the 17th National Congress of the Communist Party of China, "improving the ability of independent innovation and building an innovative country" was regarded as the primary measure of "promoting the sound and rapid development of the national economy", and "implementing the intellectual property strategy" was clearly put forward. All this information shows China's determination to strengthen intellectual property protection.