The Improvement Of Technology Measures Legislative System In China

Technical measures of copyright refer to the means,equipment or devices that are used by the obligee actively and can protect the work of the obligee so that it cannot be infringed upon in the process of use and dissemination,so as to protect the lawful rights and interests of the obligee.With the rapid development of digital technology and the advent of the Internet era,the interests of copyright owners are facing great challenges.Copyright technical measures are generally protected by international treaties and national legislation for their protection of copyright,justice,efficiency and other values.However,the current legislation on copyright technology measures in China has some problems,such as legislative system confusion,value orientation does not accord with China's national conditions,technical measures protection scope is unreasonable,lack of restrictions and exceptions,etc.In order to establish a reasonable copyright technical measure system,the principle of balance of interests should be adhered to,and China's national conditions should be taken into consideration in order to achieve a balance of interests between the interests of the public and those of copyright owners and other relevant rights holders.The author believes that China's national conditions in copyright are different from those of Japan,Australia,the United States,the European Union and other countries or regions.In consideration of interests,China should formulate copyright technical measures with low protection level and adopt the legislative mode of "prohibition + exception".This paper attempts to put forward Suggestions for the improvement of the legislation of China's copyright technical measures system.First of all,the definition of copyright technical measures should be clearly defined.On this basis,appropriate scope of protection of technical measures should be determined,and legal restrictions and exceptions prohibiting circumvention should be added.