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Make The Civil Law Of Protection And Restriction Of Copy Right Under The Environment Of Network In Our Country

Posted on:2008-03-16Degree:DoctorType:Dissertation
Country:ChinaCandidate:R H XuFull Text:PDF
GTID:1116360218461323Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
World Trade Organization (WTO) dispute settlement panels may now determine whether a nation's copyright law comports with the newly adopted Agreement on Trade-Related Aspects of Intellectual Property (TRIPS), and may authorize trade sanctions upon a finding of non-compliance. Recent World Intellectual Property Organization (WIPO) have aggressively promoted the view of copyright as a commodity of trade in other contexts as well. At the behest of their constituent producers and purveyors of recordingsand software, they have insisted that countries be required to minimize limitations on copyright holder rights, arguably riding roughshod over venerable copyright values and the public interest in the process.Given the ongoing integration of world communications and markets for internet technology developing rapidly, the continuing globalization of copyright law is inevitable. For that reason, the questions of the future direction and shape of international copyright law has become a matter of considerable and growing controversy. On beginning of this century at the end of last century, international organization, countries all over the world make and specially adjust the network domain treaty, laws and regulations of solving the copyright question. International legislator have made importation issue of copyright law under the network environment include in the legislation tendency. But, copyright theoretical research has not developed yet.This dissertation aim at solving on the network of copyright issue, how construct systematical of the protection and restriction of the civil law, resume the balance relation with original author's individual interests and social public interests. Regarding interests balance principle, that balances of the benefited relations between artistic authors, spreaders and users. This article presents an alternative framework for copyright globalization. In this view, copyrights constitutive, balance purpose is both a primary rational for according authors proprietary rights in original expression and the proper standard for delimiting those rights.
Keywords/Search Tags:copyright, interests balance, internet technology, network
PDF Full Text Request
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