The Computer Network And The International Protection Of Intellectual Property Right

The appearance and development of computer network have been exerting great influence on the present social course, furthermore unprecedented impact upon international protection of intellectual property right. During the course of legal globalization, negotiated legislation among countries has become a trend, so the tradition of the international protection system dominated by the developed countries formed during the development of intellectual property right is urgent to be changed. Since many related researches in our country have focused upon some hotspot issues, mainly the research of the specific questions, the summa research is comparatively absent. This article attempts to fill in this gap.In the environment of computer network, the value concept of intellectual property right has had revolutionary changes; moreover, the international protection system of intellectual property right has subjected to greater impact and challenges, this article places emphases on concept and system to discuss the impact and promotion of network upon the international protection of intellectual property right.This article has three main parts:Part I ,the general course of development is social network popularization and intellectual property right internationalization. The further development of computer network makes the whole society a network-popularized one; however, the intellectual property right develops in a internationalized direction, and the international protection system holds the balance in the intellectual property right system; social network popularization plays an important promoting role in protecting intellectual property right internationalization. They two are complementary and become the general course of the development.Part n, revalues of the intellectual property right in the environment of the network. The traditional intellectual property right is in essence a private right, a balance between the public interest and private interest. It places particular emphasis on the protection of private interest.lt is just this kind of protection and stimulation that makes the scientific andtechnological activities take on benign circle and get quick development. But in the environment of the network, since the unprecedented change has taken place in people's value concept, the concepts of freedom and sharing have engraved in people's mind and become the mainstream. So the traditional intellectual property right that tends excessively to protect individual right is becoming somewhat out of time, and the extreme issues under the domination of the developed countries are subjected to all kinds of near-to-extreme attack. It is necessary to revalue the intellectual property right. In the environment of computer network, from the global and future perspective, the intellectual property right needs to seek a new balance between public interest and private interest.Part III , computer network's challenge and answer to the international protection system of intellectual property right. Because of the development of network technology and the above-mentioned revolutions of value concepts, the international protection of the intellectual property is unavoidable systematically. The development of computer network technology is bound to bring in the increase of the relevant intellectual property right objects. During the course of legislation to confirm these newly-increased objects, their characteristics should be considered to make the corresponding laws own appropriateness and feasibility. The development of network technology also adds new contents and new forms to the intellectual property right. Although the "network spreading right" existing particularly in the the network derives from the traditional copying right and spreading right, it has its own brand-new characteristics. The relevant network technology that has geometric increase way is incompatible to the longly-protected intellectual property right. To make use of the principles of separate protection and public interest protection can revise th...