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On The Right To Property And Legal Protection Of Network Virtual Property

Posted on:2007-06-05Degree:MasterType:Thesis
Country:ChinaCandidate:X WangFull Text:PDF
GTID:2206360185482203Subject:Law
Abstract/Summary:PDF Full Text Request
Network virtual property is resulted from development of technology of computer information. Law has become unprepared for facing this new thing. The problem that how to define network virtual property right legally has caused disputes widely in academia and law. Because of those different standpoints, it results directly in differences of applications of law on the judgment of single case. With study of the concept of network virtual property, type of network virtual property, some different standpoints to define characters of network virtual property right and so on, the author illuminates the special characters of network virtual property. Further more, the author considers network virtual property right as quasi-real right and applies some provisions of real law.The first part talks about the necessity of protection of network virtual property. It points the importance and actualization of protection of network virtual property by introducing the situations of development of network game inland and more and more issues on network virtual property exposing many disadvantages of our law and situations of protection of network virtual property in the region of Taiwan, Japan and Korea.The second part discusses the concept and characters of network virtual property. It analyses briefly the concept of network virtual property from narrow sense and. broad sense. The author emphasizes on seven characters of network virtual property, just as follows: objectivity and substantivity, separation of carrier and expressive form, time limit, exchangeable, valuable, relative rarity and legitimacy.The third part points that network virtual property belongs to a kind of new-type property which law should protect. By the way of probing tangible property and intangible property, having combined with the analysis of characters of network virtual property, the author parses the scope of intangible property and then makes a conclusion: network virtual property should be part of intangible property. Meanwhile, law should also protect this new-type property.The forth part focuses on the problem of how to define the attribute of network virtual property right. By now, the academia try their bests to explain the attribute of network virtual property right from methods of intellectual property right, obligation right, real right,...
Keywords/Search Tags:network virtual property, intangible property, intellectual property right, obligation right, real right, quasi-real right
PDF Full Text Request
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