On The System Of International Intellectual Property Protection Of Copyright Restrictions

Since the ego of knowledge economy arrived, the protection of copyright is increasingly expanding, restriction of copyright in order to stop oblige from inadequately exercising his right is becoming the focus. Not long ago, the panel report of the first dispute between China and America about copyright is published, the main issue of which is whether exceptions in the fourth article of Chinese Copyright Law conflicts with exceptions in Trips.So as to adequately analyze copyright restrictions, this article provides general introductions in the first chapter, which includes specific meaning,history,content and legal base of copyright restrictions. In the second chapter, I generalizes and analyzes the general principle of international copyright restrictions—three-step test method, and combined with related article in the international treaty, this article gives analysis on two cases in which two panels of WTO give their opinions on copyright restrictions—analysis on the fifth section of article 110 of American Copyright Law and analysis on the latest case related to intellectual property between China and America, the former classic and the latter latest. By the way of analyzing China and foreign countries, past and nowadays, this part gives support on comparison of copyright restrictions in international copyright protections in the background of international law.This article adopts the method of comparison to analyze internal restrictions of copyright. Given protection of copyright is largely enforced in international treaty, the former part of the third chapter compares and explains related rules in international treaty. And since copyright restrictions in Chinese law is far from perfect, study of institutions of copyright protection in the developed countries is needed, so the latter part of the third chapter compares copyright protections in America,Germany,France and so on, which are the most important trading partners to China. Finally, I would summarize the trend in the developing of copyright restrictions in international intellectual property protection.Up to now, most researches on copyright restrictions concentrate on copyright itself; on the other hand, external restrictions are seldom the focus of people's eyes. External restrictions include restrictions from antitrust law and anti-unfair competition law and so on. So the fourth chapter specially concentrates on external restrictions of copyright. In the process of introducing and analyzing the latest theories and legislations, I try to offer my own solutions to the conflict between such rights and copyright.In the last, in electronic and cyber ego, the object of copyright is expanding. I intend to generally introduce copyright restrictions in China nowadays, combined with comparisons above and empirical analysis on status in China, so as to provide legal suggestions on constructions of copyright restrictions in China.This article has its unique viewpoint on the following aspects. First, it offers its opinion on copyright restrictions in China from the perspective of not only law, but also sociology,rights of consumer and economical analysis. It points out that copyright isn't only to be restricted, and it shouldn't only be emphasized that the standard of protection is to be improved. The most important thing is to find the extent which is most suitable to China—not only enables China to perform its international obligations to protect copyright, but also fit for the real conditions of China. In that case, it will give consumers too much burden that too higher copyright fee hinders knowledge from spreading. Second, this article refers to copyright restrictions from anti-unfair competition law and anti-trust in the field of copyright, discusses the limits of copyright law and these laws, breaks the former opinion which restricts copyright restrictions only in the internal aspect, and this article also gives its own opinions about external restrictions; At last, it deeply analyzes the most typical and latest international cases, both of which have not been analyzed clearly before, and it also emphasizes on how to interpret the related articles in international treaties and domestic legislations and introduces the latest development on copyright protections and restrictions.