On Simulating Innovation Fettering Internet Innovation And Its Legal Regulation

The China’s Internet product innovation is mainly a kind of imitation，and the Tencentcompany is typical. But Simulating Innovation is no longer appropriate for the currentdevelopment trend of China’s Internet. Tencent repeatedly is falling into the “plagiarism”incident, and other Internet companies have accused it of “innovation killer.”The paper made analysis on four groups: Tencent QQvs.ICQ, QQ softwaremanagement vs.360, software housekeeper, TencentNews Client vs. NeteaseNews Client,Paipai vs. Taobao and it summarized that the most prominent feature of simulatingInnovation is simulating the user interface and functions of an innovative productsandmicro-innovating on the basis of original products such as upgrading or improving theuser experience. The paper analyzed how the simulating innovation for Tencent to limitInternet innovation through studying foreign advanced theories and practice, advancedsuggestions and solutions for China.Tencent, relying on the Tencent QQ, accounted for the largest share of users andestablishes a monopoly in the field of Internet. When the same kind of products in theInternet market, users usually by virtue of the path habits will choose Tangent’s products,and the combined market share of the original product has fallen dramatically. Undersuch situation, original innovative companies’profits reduce largely, and the enthusiasmof small and medium-sized Internet companies to innovate cannot be sustained. All thesehave seriously affected the sustainable development of internet industrial innovation. Themain research object is the simulating innovation of the legal regulation. Copyright Lawand Patent Law should be used to protect the software’s and function. Because userinterface does not come up to the requirements of dichotomy of thought and expression,and it is difficult to define scope of e copyright protection and to affirm a tort. We shoulduse overseas legislation experience that user interface can be registered as designs asAmerica and Japan. Especially, the research of intellectual property protection for software’s functions is still a blank field. According to “ChengQu” theory by ProfessorZhengChengsi, I have attempted to describe a new concept about combined userinterface of the software with its functions which is protected by Regulations for theprotection of computer software.Simulating Innovation by Tencent fetters internet industrial innovation is based onthe monopoly position of Tencent. It is proposed to improve public remedy and privateremedy.