What does network infringement mean? Network infringement refers to the infringement that occurs in the network environment. The so-called network refers to a system that connects multiple computer systems with different geographical locations and independent functions through communication equipment and lines, and realizes resource sharing in the network with perfect network software and network operating system. Network infringement is a form of knowledge infringement, which is essentially the same as traditional infringement, that is, the behavior that the actor should bear civil liability according to law because of his fault infringing on other people's property and personal rights, and other harmful behaviors that should bear civil liability according to special provisions of law.
The difference between network infringement and traditional infringement is 1, and infringement is difficult to identify.
The determination of any infringement must be based on facts, that is, evidence. However, the application of digital technology makes the evidence on the Internet lose its originality. Digital information in the network is a discrete signal composed of physical states represented by 0 and 1, which is not continuous. Modification and deletion are difficult to find and identify, unstable and changeable, and the evidential ability of information in the network is doubtful. In addition, article 63 of China's current civil procedure law clearly stipulates seven types of evidence: documentary evidence, physical evidence, audio-visual materials, witness testimony, statements of the parties, expert conclusions and transcripts of inquests. Based on the principle of evidence legalism, if the evidence produced by the parties is not within the scope of legal categories, it is difficult to produce evidence effect. Therefore, the evidence resources in the computer field, which plays an important supporting role in the identification of network infringement, may not be classified as legal evidence, and their legal status is unclear, so they cannot release their due effect.
2. The subject of infringement is complicated and secretive.
Network service providers are unique subjects in the network environment, and the implementation of the network can not be separated from the participation of network service providers, so network service providers are often involved in a large number of network infringement disputes. Moreover, people can freely use their names or even anonymity according to their own hobbies online, which brings technical problems to the identification of infringers in practice.
3. The scope of tort consequences is wide and fast.
The global coverage of the internet has broken through the geographical restrictions that still exist in real life, blurred the boundaries between regions and countries, and communicated with every corner of the earth; The interactivity and real-time of the network make the dissemination of online information more convenient and fast. It is conceivable that the consequences of network infringement will spread to the whole world quickly, but the obligee is helpless.
4. Inaccurate jurisdiction positioning.
It is a common practice for courts in various countries to apply the law of the defendant's location or the law of the place where the infringement occurred. However, the Internet connects computers and their networks all over the world into a unique cyberspace. The same tort is often associated with several locations, and the physical location is of little significance in cyberspace, thus shaking the foundation of traditional jurisdiction in cyberspace. Therefore, in the face of complicated network cases, people have to find new jurisdiction basis.
5. Self-help is powerless.
The birth of the Internet triggered a profound revolution in all fields of social existence, and it exuded immeasurable vitality and creativity, which had a positive impact on the human world. But at the same time, the Internet has also become a favorable tool for some people to commit illegal acts. Infringers use the advantages of network technology and the lag weakness of law to act recklessly in the network and infringe on the rights and interests of others, while victims are often powerless because they have no legal basis or can't find infringers and evidence. 15 100309
Patent is the exclusive right of the patentee to use the invention and creation, and patent infringement refers to the criminal purpose of effectively implementing the patent protection law in production and operation.
The elements that constitute patent infringement mainly include two aspects: substantive conditions and formal conditions. Among them, the formal requirement is: 1) The behavior involved in the execution is a valid China patent; 2) The implementation of this behavior must be without patent permission or authorization; 3) The implementation of actions must be based on production and operation. Whether the actor is in the form of subjective and intentional requirements. However, due to measuring the severity of the foundation.
Substantial elements constitute patent infringement, that is, technical conditions, and the real realization of behavior is not within the scope of patent protection. If the technical features involved in the act are within the scope of patent protection, then the actor constitutes patent infringement. There are mainly the following forms: 1) technical characteristics and the behavior of people with the same technical characteristics in all patent infringement acts; Technical features 2) The actor's participation in patents with multiple technical features also constitutes infringement; 3) The technical features of the actors involved are the same as those of the patent, but they are also different. However, the technical features are equivalent to patents, which still constitutes infringement; Otherwise, it does not constitute infringement. For the equivalent technical features here, please refer to the technical features of each other that can be inferred by ordinary technicians in the field after replacing 2, and the effect is the same.
Fake patent refers to the general product or product advertisement, which indicates the patent mark and patent number of the patent right, and the public will mistakenly think that it is the behavior of others' patented products. False patent is the objective existence of valid patent. The act of counterfeiting patents directly harms the interests of patentees, deceives consumers and disrupts the order of patent management and social and economic order.
The act of counterfeiting patents is greater than the infringement risk of its circumstances and should be severely punished. Therefore, China's Patent Law not only bears the civil liability for counterfeiting patents, but also stipulates administrative responsibilities such as "ordering correction and announcing the confiscation of illegal income, and may impose a fine of less than three times the illegal income, and may impose a fine of 50,000 yuan if there is no illegal income". Moreover, it also stipulates that if counterfeiting acts constitute a crime, criminal responsibility shall be investigated according to law.
How to define network infringement refers to the infringement that occurs in the network environment. The so-called network refers to a system that connects multiple computer systems with different geographical locations and independent functions through communication equipment and lines, and realizes resource sharing in the network with perfect network software and network operating system. With the rapid development of computer and communication technology, the network has rapidly spread to all fields of society. The wide application of the Internet has changed the way of human existence, life and production as never before, opened up a broad and close space for communication between people, and provided great convenience for people's lives. But at the same time, the rights and interests of civil subjects are also accompanied by the infringement from the network. For all kinds of network infringement, although some problems can be solved by applying the provisions of traditional tort law by analogy, more problems have never been involved in existing laws. As Negroponte said, "Most laws are made for the atomic world, not for the bit world." Based on this, the increasingly close and even indispensable "Internet" has posed a severe challenge to the current legal system and ethics. It is the theoretical mission and practical task entrusted by the times to strengthen the research on network legal issues, speed up the network legislative process, build a harmonious and effective balance between ensuring the smooth, efficient and safe implementation of the Internet and safeguarding the legitimate rights and interests of civil subjects, and realize the "marriage" between the Internet and the law. Definition of network infringement: network infringement, as its name implies, refers to the infringement that occurs in the network environment. The so-called network refers to "a system that connects multiple computer systems with different geographical locations and independent functions through communication equipment and lines, and realizes resource sharing in the network with perfect network software (namely, network communication protocol, information exchange mode and network operating system)." Internet tort is essentially the same as traditional tort, that is, the actor infringes on the property and personal rights of others because of his own fault, and should bear civil liability according to law, as well as other acts that cause damage to people as specified by law.
What is the network tort liability dispute? Hello.
Network tort liability refers to the civil liability that the infringer should bear when using the network as a means and tool to commit tort.
Network infringement is a new situation and problem with the development of emerging technologies. As a new technology, the Internet has brought openness and freedom to society. At the same time, the relaxation of network users' sense of morality and responsibility in virtual space makes the network a frequent place of infringement. Network infringement is different from traditional infringement because it is hidden and transcends time and space. For this reason, the Tort Liability Law has special provisions on network tort liability.
Network tort liability mainly involves network users and network service providers. Network users are users of network platforms and services, and network service providers are network service providers that provide information platform or information channel services and content services. Netizens use the Internet to engage in civil torts against others.
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How does the network tort court judge hello? Infringement of information network can be under the jurisdiction of the courts in the place where the infringement occurred and the defendant's domicile. The place of infringement includes the place where the infringement occurred and the place where the infringement result occurred. The place of information network infringement includes the location of the computer and other information equipment where the alleged infringement is committed, and the place where the infringement result occurs includes the domicile of the infringed person.
China's Civil Procedure Law adheres to the principle of territorial jurisdiction of infringement cases: the place of infringement and the defendant's domicile. For example, Article 28 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that a lawsuit brought for infringement shall be under the jurisdiction of the people's court in the place where the infringement occurred or where the defendant has his domicile.
In order to clarify the place of infringement, Article 24 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of People's Republic of China (PRC), which came into effect on February 4, 20 15, stipulates that the place of infringement stipulated in Article 28 of the Civil Procedure Law includes the place where the infringement occurred and the place where the infringement result occurred.
In this explanation, in view of the increasingly active information network, the place where the infringement is carried out and the place where the infringement result occurs are defined more specifically and clearly. Article 25 of this interpretation stipulates that the place where the information network infringement occurs includes the location of the computer and other information equipment where the alleged infringement occurs, and the place where the infringement result occurs includes the domicile of the infringed person.
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