Trips Technology On The Era Of Network Copyright Protection Measures

This thesis focuses on the network copyright protection about technical measures under TRIPS era, which divided into four chapters.Chapter one had discussed the balance of interest relationship between the network copyright protection and the technical measures, the circumvention technical measure and the anti-circumvention technical measure, the private interests and the public interests, which could be done by international convention including WCT,WPPT,TRIPS and ACTA and so on. When it comes to violation the anti-circumvention technical measure, it needs to set up the criminal legislation which could be solutions by the’umbrella-shaped’under the international aspects.Chapter two had describes the relationship between TRIPS and other international treaties, aims to explain the background of TRIPS era about the network copyright protection and technical measures.Chapter three had analyses the United States, European Union, France and China about technical measures of the network copyright protection. Corporatizing DMCA and ACTA, The EU Directive and ACTA, the United States and EU had set up the perfection system about the rule of the technical measure. Besides, the United States also disusing the draft SOPA and PIPA, which could be reflect under TRIPS agreement. Also, Comparison China’s the author right law and ACTA agreement to explain how to implementation of TRIPS.Chapter four the author put forward the suggestion about the author right of network in China. Expect follow the spirit of TRIPS, China also should ease the impact of ACTA agreement, as well as improve the legislation of violation of circumvention technological measures.