A Comparative Study On Legal Protection Of Technological Measures

In the modern society in which the digital technology developing in a high speed,the traditional copyright law system is not effective to provide adequate protection tothe interests of the copyright owner. Therefore, the copyright owner choosetechnological measures for its work to control the unauthorized use. However,measures for circumvention have also been created. Thus two WIPO treaties had beenpassed for protecting the technological measures which are the first try to create asystematical protection. And after that, most countries began to implement the twotreaties. However, because the two treaties are not clear enough and also because thedifferences of logical of law and the social situation, there are a lot of differences ofunderstanding among countries implemented the treaties and supplied legal protectionto technological measures. Therefore, by studying the difference, combing their logic,there will be to extremely important and valuable help to our national legislation ontechnological measures.This article mainly consists of five parts.The first chapter is an outline of international treaties and internationallegislation. The language of the WIPO treaties is not so clear that a lot of problemhave been caused, and for that several thinking has been put out. These thinking willprovide a general starting to the other parts of this article.The second chapter is a comparative study of the legal system of protection of technological measure. After discussing the legal system of US, EU and Japan aroundthe four aspects of the definition of circumvention, the rules of prohibition ofcircumvention, the definition of circumvention device and the rules of prohibition ofpreparation, analysis on the basis of China’s legislation have been put forward. Inaddition, in the end of this section, after the review of the three countries legislation,the intensive discussions of classification protection and classification standards havebeen put out.The third chapter is a comparative study of the exceptions under the context oftechnological measures. By the comparative study of US, EU and Japan to discussingthe necessary of the limitations and exceptions and how to apply the limitations andexceptions under the context of technological measures. Ensue analyzed China’slegislative status quo and the measures should be adopted.The fourth chapter is a comparative study of the regulation on the abuse oftechnological measures. Before the new law against the abuse of technical measureshas been put out, we should explain the existing laws to prevent copyright ownerthrough technological measures to achieve the purpose of excessive monopoly.Mainly through the research the judgment standard of "effectively" and "and therelevance of copyright protection" of technological measures, put forward the adviceto prevent the abuse of non-effective technical measures and non-releventtechnological measures.The fifth part is the conclusion, through summing up the viewpoints above, onthe basis of the study of China’s legislative defects, put forward countermeasures tofill the legislative defects.