| Internet, which is called a technology revolution, has greatly impacted our legal life. In this thesis, I focus on the legal institution of intellectual property on a background of Electronic Commerce, including copyright law, trademark law and patent law.In Chapter 1, I analyze the impact that the Internet puts to the copyright law, and introduce some resolutions to the impact including the World Intellectual Property Organization (WIPO) "general scheme", the pattern of "depending on the existence path" in the U. S., the pattern of "innovation of institution" in the EU, Japan and Australia. Then I analyze the core part of the Copyright Law-copyrights. I advice that all kinds of copy conducts shall be included in the range of the copyrights.In Chapter 2, I explore the works of the database and the multimedia which are produced under the condition of network communication technology. I argue that it is necessary to take double measures-the Copyright Law and special law- to protect the database. The multimedia, as well as the movies, TVs and videos, shall be regarded as the works of seeing and hearing, so both the traditional works and the new ones can be covered.In Chapter 3,1 focus on the infringement of the Internet Service Providers and the links. The Internet Service Providers shall bear legal liability for fault or bear strict liability for their infringing acts. The copyrights, deduction works and the author's spiritual rights and the symbols of the links shall be covered in the Copyright Law.In Chapter 4, I analyze the use, obtainment and infringement of trademark on the net. Because of the worldwide Internet, the characteristics of the trademark, such as regionalism, timeliness and exclusiveness, are challenged. Therefore, the conflicts come into being between the users of deferent region, the proprietors of the registered trademark and the information providers, the exclusive right and the domain name. So the proprietor of the registered trademark shall inspect the status of the use of the trademarks on the net, and harmonize the conflicts.In Chapter 5, I study on the character, obtainment and protection of the domain name. The domain name, as the only symbol of the user on the net, has obtained the character of intellectual property.In Chapter 6, I discuss the disputes of domain name and the protection of trademark in network. It is very highlighted that domain names are registered abusively4with evil intentions. The causes of disputes between domain name and trademark are very complex. Domain names cannot infringe the exclusive right of trademark. Otherwise the infringer shall bear legal liabilities of sloping infringement, compensating for losses, excluding coincidence, non-business use, use with reason and that the domain name has used firstly.In Chapter 7, I focus on the mutual effect of e-bussness and legal institution of patent. On one hand, the development of Electronic Commerce has the quantity of patented inventions increased. On the other hand, the legal institution of patent is beneficial to the spread of new technology, promotes the development of Electronic Commerce technology and provides the foundament of operation of Electronic Commerce. It is efficient to adjust the economic benefit of the parties.In Chapter 8,1 explore the legal problems of software patent. I define the software. After the analyses of the software patent institution in U.S. and Euopean continent, I argue that it is necessary to take many measures such as institution of patent, copyright and commerce secret to protect the rights of the parties.In Chapter 9, I study the patent of the commerce way of Electronic Commerce. I consider that though the way of commerce is very foundamental compared with common inventions, it is a kind of novel project with effective results. This is the object of the institution of patent. But the protection of the way of commerce is limited in order to bring disadvantages to the development of Electronic Commerce.Finally, I argue that it is not necessary to...
|
PDF Full Text Request