The Study Of The International Copyright Regime Development In The Post-TRIPS Period

The effect of TRIPS Agreement improves the development of the international copyright regime into a new age-post-TRIPS period, during which the development of the law obviously lags behind the modern technology. As the development of digital technology and Internet, traditional copyright couldn't fill the need, especially in the realm of copyright. How to adapt to digital environments has become the highlight in the post-TRIPS period. Employing the methods of comparison and analysis, this essay studies the development of copyright realm in the post-TRIPS period from the perspectives of copyright object protection and copyright content.Computer software and databases are analyzed on the development of copyright object protection. On the protection of computer software, treaties and the laws of different countries are compared and analyzed, then problems such as the tort liability identification of final users, software reverse engineering and excess protection period are pointed out and provided with revising advice. On the databases protection, through comparing E. C. Directive on the Legal Protection of Databases and related American Acts, it is pointed out that the sui generis right is the development to the databases protection and the concepts of the related laws of our country are also suggested.The development of digital technology has led to the expansion of copyright content. This essay discusses the perspectives of moral rights, economic rights and technological protection. First, in the field of moral rights, the legislative modes are compared, the challenge of digital technology to moral rights is analyzed, and the suggestions are also advanced in terms of reasonable protection and re-orienting of moral rights under the Internet circumstances. Secondly, on the protection of economic rights, three issues are discussed and provided with preliminary theoretical suggestions: temporary copy, rental rights and transmit rights of information management. Finally, the technological protection in the post TRIPS period is analyzed on the base of the study of two technological methods: technological measures and information of rights management. Therefore, it is made clear that technological methods should be protected adequately with certain restriction to assure the balance between the holders and the public. Certain suggestions are given to provide help to the improvement of our laws.