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IP Network Tort Liability System Perfect

Posted on:2013-02-28Degree:MasterType:Thesis
Country:ChinaCandidate:S L ZhuFull Text:PDF
GTID:2216330374958085Subject:Law
Abstract/Summary:PDF Full Text Request
With the rapid development of computer and Internet technology, human society entered the era of information explosion. As one of the greatest inventions of the twentieth century, the Internet has profoundly changed the way of information exchange, brought great convenience to humans. The network has a huge storage space, can widely collect and forward information. able to connect the information generated by thousands of website. It breaks through the limitations of regional, national. Network transmission contains highly efficient, rapid, paperless, interactive, and many other advantages. However, with the development of internet, network infringement cases gradually increased, negative effects also growing serious. These cases have presented unprecedented challenges to the traditional legal system. Since the network poses a severe challenge to the present legal system and ethics, then strengthen the legal issues of network infringement research, accelerate the process of network infringement relevant legislation, ensuring the network efficient and safe operation, protect the legitimate rights, to achieve the common progress of the network and the law, is the present era practical tasks and theory mission.From the1990s,information dissemination, exchange being vigorously developed in the digital age according to the network platform. Traditional medium of knowledge,information being digitized and uploaded on the Internet. The information generated by the digital technology itself is also online circulation. The transmission of information exceeded the limitations of time and space, greatly facilitate the exchange of knowledge and information. On the one hand, the digital technology expanded the space for the development of productive force; on the other hand, it brought many new problems to the traditional laws. Intellectual property network Infringement can be found everywhere, made the right holders very injured. Emerging intellectual property network infringement call for new laws protects. China's law has a great development room for improvement. Especially after the advent of the Internet Age, network infringement legislation lags far behind the development of the network. Network infringement cases happened every day, Infringement of network intellectual property rights are the most widely. More and more traditional media such as books, movies, music works have been uploaded to cyberspace, online pirated e-books, pirated movies, BT download and other copyright online infringement cases occurred frequently. Domain name are becoming the new corporate online trademark. And have a tendency to surpass the traditional trademark influence. Internet domain names become sweet cake for the rights holder. A good domain name is a good brand, can bring more economic benefits to the rights holder. Similarly, infringements of patent on network will gradually emerging in the near future. How to improve the network patent infringement legislation is equally important.Given the lack of intellectual property network infringement legislation, this article will analyze the situation of network infringement first, and then compares the network infringement relevant legislation between domestic and international, summary of their own reasonable respects. Due to the intellectual property network infringement relative legislation scarce, I will give my ultimate point to the intellectual property network infringement legislation perfection, put forward my views and recommendations for improvement.
Keywords/Search Tags:Intellectual property network infringement, Copyright, Patent, Trademark, Network service provider, Network user
PDF Full Text Request
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