On The Application Of Law On Infringement Of Intellectual Property Rights Via Internet

In modern society,with the rapid development of network technology and the increasing popularity of network use,the Internet has become an indispensable and important tool in People's Daily work and life.The whole society is enjoying the benefits of the rapid development of the Internet.The rapid development of the Internet makes the spread of knowledge wider and faster.With the advent of the era of Internet big data,people have more diverse ways to access all kinds of intellectual achievements.At the same time,the infringement of intellectual property rights through Internet foreign affairs is also increasing.In order to protect intellectual property rights,countries have gradually turned their attention to the formulation of special provisions on the application of laws concerning foreign infringement of intellectual property rights.In order to solve various problems in foreign-related intellectual property infringement cases,the United States and Germany have formulated special laws and regulations to provide guidance for the judicial practice of their countries.Although the law of the People's Republic of China on the application of laws concerning foreign-related civil relations specifically stipulates the applicable rules of laws related to intellectual property rights,it does not make special provisions on the application of laws concerning the ACTS of infringement of intellectual property rights through internet-related foreign affairs.Moreover,the application rules of the law on intellectual property infringement are not perfect.The principle of closest association has not been introduced.Because of this,this paper based on the infringement of intellectual property rights concerning foreign affairs through the network behavior of the basic theory of legal application,review and draw lessons from the international community about the infringement of intellectual property rights concerning foreign affairs through the network behavior of the rules of law applicable to the reasonable,analyzes the current private international law rules of the applicable law of foreign-related infringe on intellectual property rights behavior,the basic characteristics and main faults,and how to build not only conforms to the development trend of international legislation and practice,and with the basic national conditions in our country concerning foreign affairs through the network infringement of intellectual property rights behavior rules of application of law to put forward their own ideas.The full text is divided into the four parts:The first part,through the network infringement of intellectual property rights overview and analysis through the network foreign-related infringement of intellectual property rights behavior performance and harm.Through the network infringement of intellectual property rights overview mainly discusses the concept,characteristics,specific content of intellectual property rights and the Internet era of the new changes in intellectual property rights.In essence,intellectual property is a kind of intangible property right,which has the characteristics of exclusive,intangible,regional,term and policy.In summary,the content of intellectual property includes patent right,trademark right and copyright.The rapid development of the Internet has brought some new changes to intellectual property.The invisibility of intellectual property has been further increased,and the region has been impacted,and the exclusiveness of interests has been challenged.There are mainly three manifestations of infringement of intellectual property rights through network foreign affairs:infringement of patent rights through network foreign affairs;Infringement of trademark rights through Internet;Infringement of copyright through the Internet.However,the infringement of intellectual property rights through Internet has at least the following harms:the infringement of the legitimate rights and interests of the intellectual property rights holder;Dampening the enthusiasm of the intellectual property right holder for invention and creation;Disruption of the normal socio-economic order.The second part is to study the theory and legislation of the applicable rules of laws of infringement of intellectual property rights through Internet.There are disputes about the application of laws on the infringement of intellectual property rights through Internet foreign affairs.The ALI principle,CLIP principle and the Korean and Japanese principles of private international law on intellectual property rights have been formulated for the application of laws concerning foreign infringement of intellectual property rights.The above rules can provide useful experience for the construction of applicable rules of Chinese laws concerning the infringement of intellectual property rights through Internet.The third part discusses the provisions on the application of intellectual property tort liability law in China.There are three basic characteristics of the law application of intellectual property infringement liability in China:the law of the place of protection is usually applicable;The principle of autonomy of will can be applied;The principle of closest association has not been introduced..There are four main defects in the application of intellectual property right tort liability in China:the restriction of the principle of autonomy of will is too strict;The absence of the most closely related principle;It fails to take into account both the rules of the requested place and the rules of the source of the right;The law is not accurate.In the fourth part,the author expounds the conception of the applicable rules of law for the infringement of intellectual property rights through Internet.The following design can be made to establish the applicable rules for infringement of intellectual property rights through network foreign affairs,which not only conforms to the international legislation and practice trend of legal rules concerning infringement of intellectual property rights through network,but also conforms to the basic national conditions of China.Introduce the principle of closest relation and take into account the rules of the protected land;Take into account the ground rules of claim.The specific design of the law is as follows:"the party who infringes the relationship of intellectual property rights through the network may choose to apply the law of the place where the protection is claimed or the law of the source of rights by agreement.If the party does not choose,the law of the place or the law of the court where the infringement is most closely related shall apply.