An Empirical Study On The Exemption Clause Of The Internet Intellectual Property Declaration

In the era of Internet,the emergence of various types of websites has accelerated the spread and utilization of knowledge products,and promoted the development of knowledge economy.But we should also see that piracy,counterfeiting and other infringements are more universal and hidden by Internet technology.Websites have adopted the form of intellectual property declaration to achieve their purpose of protecting their intellectual property rights or avoiding infringement risks.Because the Internet intellectual property declaration for the website to make the contents of the statement,a disclaimer uneven in quality,has become a weapon to shirk responsibility,seize the rights of the website,and how to balance the interests of both sides in the station statement perspective on the Internet intellectual property declaration of exemption clauses in legal regulation,is the core problem to be solved in practice.First of all,the nature in nature clear consensus based intellectual property declaration for contract,non consensual type of intellectual property declaration made by announcement said based on the meaning,starting from the perspective of theory and practice,that is not the principle of balance of interests and conditions relative party tilt protection view conflicts,avoid the emergence of any party excessive protection when necessary,reasonable and timely rectification,we should uphold the idea.Secondly,using the empirical analysis method,the exemption clause 100 Internet intellectual property declaration in the sample for incorporation into the in-depth analysis and judge the validity in terms of the exemption clause in order into the stage of explanation is not in place,lack of true agreement and contract based statement subject derived obligation to the problem of the absence of performance in the stage of obligation,to judge the validity of existing decision path problems.Finally,in an attempt to balance the interests under the guidance of the principle,the measure of the value of the model to clarify the exemption clause in the choice of value in different stages,to explore the legal regulation of the effective measures to strengthen the statement: on the one hand,to fulfill the obligations of the subject,a statement indicating that the main refining performance requirements and obligations and obligations derived,on the other hand,also want to pay attention to the behavior statement of the other party,chose to ignore the subjective behavior right,sometimes the law is not suitable for strong intervention,but should consider the overall legal effect,to resolve the conflict between the existing legal provisions,making regular disclaimer model is an effective way to regulate the situation of exemption clause.It also makes the research on the exemption clause of Internet intellectual property claim not only stay in the judgement of rules,but also add more new factors,such as human behavior,intrinsic value and so on.