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Research About Intellectual Property Issues Of Hyperlink

Posted on:2005-03-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiangFull Text:PDF
GTID:2156360152966332Subject:Law
Abstract/Summary:PDF Full Text Request
Hyperlink is regarded as the key technology of realizing network resource sharing. Under the background of highly developed cybereconomy, if improperly used, it may cause legal problems, especially the problems of the intellectual property field. This paper sets about from the definition and technological characteristic of Hyperlink, combining the relevant regulations of the traditional intellectual property laws, systematically analyses the legal problems, such as problems of copyright and relevant problems of trademark privileges and unfair competition caused by Hyperlink. With considering the balance of public interests and website's operators' and the relevant obligor's interests correlated with Hyperlink, this paper has offered the suggestion of legislating for the legal norms of Hyperlink. It also puts forward the corresponding countermeasure for website's operators to avoid this kind of legal dispute.Combining the cases and the intellectual property laws of China and foreign countries, this paper has carried on comparatively overall analysis to the intellectual property right problems caused by hyperlink. The full article is divided into three parts altogether:The first part gives the introduction to the concept and technological characteristic of hyperlink, defines its classification and introduces the parties involved. It also defines the range that this paper will discuss, and does the brief explanation to the legal problems that may be involved among them.The second part is the focal point of this paper. After simply analyzing thereasons of problems caused by hyperlink, it has probed into the intellectual property problems caused from the technological characteristic of hyperlink. It has discussed the problems of copyright and trademark privileges separately that the hyper linking coins may cause. And it has discussed the intellectual property problems caused by the HREF link, IMG link and FRAME link. It analyzes the liability of the website' operators who set up chain with the website which invade other people' copyright. Combining foreign relevant legal provisions and legal precedent cases, it concludes the doctrine of liability and the responsibility they should bear.The third part, on the basis of the thing that preceding paragraphs are probed into, has put forward detailed legislative suggestions and countermeasures for the legislators and operators of websites.
Keywords/Search Tags:hyperlink, intellectual property, copyright, trademark privilege, unfair competition
PDF Full Text Request
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