On The Principle Of Technology Neutrality

In a nutshell, the technology neutrality means the principle of banning discriminatory treatment,and not just because of the implementation of certain techniques, measures cause the produce discriminatory treatment. This is the most comprehensive explanation of technology neutrality. And the resulting inference can be drawn from a technology neutrality means that the principle of the technologies to distinguish; the principle of the technology and products to distinguish; the technology kinds of openness; the deconstructivism model of the development legislation.Around technical standards, adhere to technological neutrality requires that we use reasonable technical standard measures, not use technical standards to limit national treatment and free trade which is technical barriers to trade. So during the technical standards development process, technological neutrality requires that we do insist distinguish between treatment techniques and technology.In international trade, due to the use of technical barriers to trade, especially in differentiating following the conclusion of international environmental treaties, the principle of the technology and products to distinguish has been challenged seriously. On the other hand, this kind of development trend in the international trade which violate the principle of neutrality contradict the international cooperation in environmental protection, conflicts of interest between the technical barriers and technical assistance have responded to the need to continue to adhere to the principle of technology neutrality. Under the promotion of free trade and protection of the global environment only adhere to the dual benefits of technological neutrality is a choice comply with the interests of the parties.From the principle of the technologies to distinguish,starting to study in the United States for copyright infringement liability of technology neutrality principle arises from the development, you can find it for a violation of the principle of technology neutrality. That is not strictly distinguish between corporate responsibility and individual traditional fault liability rules, and firmly use the general infringement rule to resolve the infringement of the large-scale online copyright infringement.Our response to mass tort tort liability system legislative trends is to adhere to the principle of the technologies to distinguish, build a strict liability based on the general terms of the law model, which is the proper choice to solve the problem the bring strict liability needs to expand to solve the modern enterprise technology development. The legislative response to these words of the total general terms it is a deconstruction of the law insist on legislative initiative evolutionary way. The deconstructivism of legislation means that not legislate the new technology only because of its coming, really we should examine the issue of homogeneity between technology and technology.Concering the problems of the protection of intellectual property rights and the legislation, consider the basic characteristics of China's socialist countries insist on technology-neutral legislation requires us to deconstruct mode doctrine outside, still need to adhere to distinguish between the interests of the protection of intellectual property rights model to deal with the expansion of the trend. Which also upheld the principle of distinction between the treatment technique and technology.From Marx's theory of capital appreciation and value theory, we can draw background that the Western capitalist expansion of the legal system to deal with expansion of intellectual property rights. France and Germany capitalist countries tort law and property law system as the core, to explore different modes of response protection of rights and interests and the and the results of its development and changes.We can make reference to the German law the mode of protection distinguishing the rights and interests to face the extensions of the intellectual property rights,and use the regulation protect the unfair competition as the balance and suppression the relationship between the expansion of the intellectual property rights and the public interest demands. From the perspective of maintaining material use value analysis of China as a socialist country, the intellectual property law system incorporated into the system rather than the property law more in line with the basic theory of Marxism.