Research On Intellectual Property Protection Under Network Shared Environment

With the development of science and technology, wave of information technology emerges around the world, and the information resources are widely spread through the internet, having a significant influence on politics, culture, economy, laws and other aspects in the world. But at the same time, the intellectual property protection of these share information is highlighted and becomes a problem that requires an immediate solution. The relationship between the network sharing and intellectual property protection is dialectical, which has both contradictory aspects and is unified to some extent.Through predicting the development trend of internet information application, this paper judges that, in current and the next period of time, the network sharing of information would be greatly convenient and would definitely affect the work and life of human beings. At the same time, network sharing of information is bound to increase behaviors network infringement of intellectual property rights, and increase the difficulty of intellectual property protection. Through summarizing the characteristics of network intellectual properties and information network sharing under the network environment, the contradictory and unified relationship between network sharing and intellectual property protection is made in-depth analysis.In the current network environment, the infringement of intellectual property has the following main performances, including copyright issues, the conflict of domain name and trademark rights, patent infringement caused by the network sharing, and new problems such as database protection and rational use etc caused by the network. Through analyzing the reasons of these problems, it is believed that the key to solve the conflict of interest between network sharing and intellectual properties protection is to seek a balance to balance the interests of both. Specifically, it involves interests of three parties, namely intellectual rights holders, public network users and internet service providers. Based on China’s national conditions, government needs to strengthen the protection of intellectual property rights holders, and promote from legislative, judicial and administrative aspects etc, and try to seek breakthroughs in network intellectual property legislation; lead to establish a mature and orderly network resources sharing platform; actively participate in international cooperation and promote the unity of infringement standards between countries. At the same time, constrain, specify and lead public network users to use rationally, implement the statutory license strictly, and enhance the publicity and education concerning intellectual properties of public network users. Surprise the network service providers to use the "Safe Haven Principle" appropriately.The "original impulse" for Chinese internet uses mainly comes from a large quantity of free information and resources. Although China’s internet industry obtains rapid development, this kind development should not at the cost of the intellectual property of rights holders. How to promote these two to develop synchronously, the key is to seek for a balance. We sincerely hope that our network sharing should be carried out in a more orderly way, so that it is expanded both in scope and popularity, while at the same time China’s intellectual property protection cause can also develop rapidly.