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The Network Links The Abuse Of Intellectual Property Issues Caused By Study

Posted on:2010-08-15Degree:MasterType:Thesis
Country:ChinaCandidate:M HeFull Text:PDF
GTID:2206360275997362Subject:Law
Abstract/Summary:PDF Full Text Request
There is so much information on the internet that how to acquire the necessary message exactly and quickly has been an obsession to network user. :Link which is called beacon of the voluminous information ocean on the internet. Network user needn't remember lots of IP address or domain names, they are able to enter other websites to get messages through network links.Network links bring us tremendous convenience during surfing on the internet, however, its ill-use which comes into being negative effects even legal matters has attracted people's attention. And it triggered a large number of scholars discussing from a variety of angles such as philosophy, epistemology, law, technology. This article will do research in infringement of intellectual property that network links produced, by analysis Chinese and foreign cases about links infringements and combination of laws and regulations and scholars' writings on the web links, in order to help solve the disputes of infringements of intellectual property which brought by the abuse of web links.The article amounts to three parts, its main content is divided and stated as follows: Part one presents the basic problem of network links. Firstly, it introduces the basic concept of network links. Secondly, it analysis the basic principles and technical backgrounds to disclose the legal foundation that bases on the infringement of intellectual property arising from the abuse of network links. Lastly, the part summarizes the division of the modes if network links on the base of the mainstream of legal theory, and points out different kinds of legal disputes arising from various network links.The second part is the focal point of this article. In this section, the article discusses the legal disputes about infringement of copyright and trade mark right and unfair competition caused by the abuse of network links. The author discusses the infringement accruing by network links, and the relation between the link symbol and copyright infringement. The author discusses whether the link action infringes the right of reproduction, alteration, distribution, communication of information on network. The author does research in the trademark infringement and unfair competition occurring by network links on the internet as well. In the meantime, the author introduces reasoned use of copyright and trademark right.The third part produces the settlement of IPR disputes occurring by network links in three aspects, including the improvement of legislation, reference to foreign justice and parties' 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 and trademark, the legal link principle, trademark dilution. The author presents proposals for legislation.In one word, as a newly developing technology, links play an important role in the aspects on internet resource sharing. Although we discusses various problems caused by network links abuse, laws and regulations are not used for limiting development of new technology. Only in the case of infringement of others' legal rights occurring in the abuse of links, laws will be used to regulate and adjust its use and protect its fair-use.
Keywords/Search Tags:network link, copyright infringement, trademark dilution in reverse of unfair competition
PDF Full Text Request
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