The New Network Enforcement Measures Related To Intellectual Property And Research Issues

With the rapid development of Internet technology, on the one hand to make animportant contribution to the continued growth of the global economy, worsening theother hand, due to Internet-based intellectual property infringement. Countries areongoing efforts in the fight against intellectual property infringement, especially indeveloped countries, in order to maintain rapid economic development, continue tostrengthen the enforcement of intellectual property infringement. Recently, the UnitedStates carried out a series of new enforcement measures against network infringementattracted the attention of the parties. U.S. Immigration and Customs GeneralAdministration the innate control advantages of the Internet, shut down a number offoreign Web sites that infringe U.S. intellectual property, and the effectiveness of lawenforcement have extraterritorial effect.This thesis is divided into four parts.The first part introduces an overview of the new intellectual property enforcementmeasures in the United States. First, the background of the United States to implementenforcement measures, the rapid development of the Internet to promote economic andnetwork infringement increasingly serious, forcing the United States to continue tostrengthen law enforcement; Secondly, through the enforcement of intellectual propertyrights with the existing network analysis the meaning of the new law enforcementmeasures; Finally, through the analysis of the structure of the Internet, to demonstrate thematerial basis for the implementation of the law enforcement measures in the UnitedStates.The second part describes the impact of the new enforcement measures. On the onehand is the support from the movie, the traditional publishing industry, on the other handis based on the emerging Internet industry opposition voices, from the general public inaddition to concerns about the measures is an infringement of the fundamental rights ofcitizens. The third part of the main analysis of the legal issues of the new intellectualproperty enforcement measures. First analysis of the jurisdictional issues in the networkcontext, from the progress of the development of the Internet jurisdiction theory toinvestigate the reasonableness of the enforcement measures; analysis of its legalproblems from the view of the conflict of laws and international law point of view.The fourth part of the main analysis revelation of new intellectual propertyenforcement measures, suggestions for China to establish IPR enforcement system.