Network Links And Protection Of Intellectual Property Right On The Internet

The infringement occurring by network links on the internet is a new mode of tort.the network links includes two modes.one mode is hypertext links,which includes several special types of infringement.such as deep linking,frame 1inking.another mode is contributory link,which refers to the infringers link with another's website with infringement content.The infringement occurring by network links on copyright and trademark often neglected by people。For example,the link symbol used other's works may damage copyright。Special hypertext links(such as deep linking and frame linking) may damage the right of communication of information on networks."chengdu zhicai deep linking case"occurring in 2000 in the first case protecting form deep linking.but in our country,the low level of protection of infringement occurring by still remain unchanged. also can incur infringement on trademark,such as trademark infringement and trademark dilution.in china,the protection of hypertext links infringement via《anti unfair competition law》could not meet the requirement of reality.Contributory link infringement cases occur frequently in china.such as the case of"liujingsheng suited sohu.com".the court charged the liability of infringers as the ISP applying to the judicial interpretation issuing by the supreme court,which didn't stipulate mode of liability.The article amounts to four chapters,its main content is divided and stated as follows:Chapter 1 presents the concept of link,redefines this concept considering the abuse of the concept,and divided two modes of infringement separately named hypertext links infringement and contributory links according to the direct and intermediary liability.the author subsequently describes the technical principle of link and introduces several special modes of hypertext links.Chapter 2 discusses the infringement occurring by hypertext links, and the relations between the link symbol and copyright infringement.the author discusses whether the special hypertext links infringe the right of reproduction,alteration,distribution,communication of information on networks.the author also researches the trademark infringement occurring by hypertext links on network。Chapter 3 analyses the contributory link infringement。The author proposes the infringer should bear contributory liability,contends the court should apply to the principle of contributory infringement.The author deems the default is an objective standard.at last,the author conductes specific analysis referencing to domestic and oversea casesThe chapter 4 produces the settlement of IPR disputes occurring by network links in two aspects separately from the improvement of legislation and infringer's self-protection.in the respect of legislation improvement,the author produces that we should not only supplement and revise the laws but also add new rules,such as fair use of copyright,fair use of trademark,the intermediary liability of the ISP,trademark dilution.the author presents proposals for legislation.