网络知识产权的保护-留学Essay代写－r51due

英国essay论文精选范文：“网络知识产权的保护”，这篇论文讨论了网络知识产权的保护。自计算机问世以来，信息传播方式日新月异，网络受众也越来越多。互联网本身容纳了丰富的信息量、迅捷的传输速度、极大的传播范围，是现代社会人们的重要交流方式和不可或缺的生活方式，具有传统媒介无法替代的优越性。然而，网络技术显然打破了原有的媒体传播格局，在带给人们丰富的物质和精神享受的同时，也使权利的分配和利益的分配发生了变化。只有加强对网络知识产权的保护，才能使网络秩序良好运行，才能使人们更好的使用网络。

Since the late 20th century, the unprecedented development of the network. Information technology is highly developed, making people's communication, dissemination of information, knowledge, passing on a large part of Internet. But the network intellectual property rights continue to occur, infringement of diverse, complex, and accountability more difficult. Research on this issue, the protection of Internet intellectual property is important.

"The gold industry will become the 21st century creative economy, policymakers should pay attention to the protection of intellectual property, especially the rapid development of network era. "United Kingdom father of creative industries, creative group and President of creative business school John Hawkins in 2005 Shanghai International Forum on intellectual property, told the newspaper, said in an interview. Knowledge is an intangible asset, so that knowledge can generate value, goods can be exchanged. They generate knowledge economy knowledge inputs in Exchange for remuneration. The knowledge economy is mainly based on intangible assets in the economy. Because of the high value, abuses are common. Knowledge economy brings new issues on the protection of intellectual property rights, which many network application technology is developing rapidly. Network of intellectual property protection have come into being.

Network protection of intellectual property rights is necessary and urgent. Led to rapid development in the information age the traditional intellectual property protection systems subjected to huge impact. Protection of traditional intellectual property rights through civil action finished. But in the network environment, knowledge for digitization, public, Médecins sans Frontières and other new features. Once the infringement occurred, difficulties of proof, not rights. Due to a network audience is not specific and the large number of legislative protection of network intellectual property rights in China lags behind practice, awareness is not enough, taking a dismissive attitude towards the protection of intellectual property rights on the network.

As already mentioned, based on the particularity of the Internet era, the network also has a special intellectual property rights infringement. Its expression mainly in the following ways:

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In modern society, has a personal Web page, Web pages are the Government, the company has a page. Each page is an individual life, the convergence of ideas. A Web page typically consists of text, pictures, sound recordings, moving images and other multimedia elements. Each element of which is the protection of copyright law. Due to the network operator's technology is not mature enough or lack of awareness, resulting in plagiarism and copying continued.

In accordance with the provisions of the Copyright Act, upload your work to the virtual space needed the authorization of the author and pay compensation. And most of the site without this program feel free to upload other academic papers, musical works, works of photography, video, and so on.

Equivalent to upload, download infringement is more common. Network operator to upload works of others download or other original works on a network download, without permission from the right, and not part of the copyright law's "fair use", it constitutes a copyright infringement.

Network links can increase the diversity of services and cost savings, its superiority is getting more and more attention. Normal link not infringement, provide links when links are known for the channel service is infringing works, has an obligation to stop the link channel service to "restrain infringement" or constitute a network of contributory infringement of intellectual property rights.

In the well-known trademarks, trade names, domain name is not registered, first register it as a domain name without permission, and registrant does not use just for the sale, lease or transfer to promote their own interests. Of course, no shortage of bad guys to be libelous and malicious cybersquatting.

Above are some of the common form of tort, in addition to P2P software infringement, infringement of online games have also occurred.

There are two ways of protection of network intellectual property right by the international community, is a legal means; the second is technology. Technical means is not unbreakable, as technology continues to develop, there will be a newer technology to crack protection technology. Law is the real way.

As specified by the World Trade Organization agreement on trade-related aspects of intellectual property agreement and published by the world intellectual property organization Copyright Treaty and the Phonograms Treaty, would have become an important reference for developing national laws all over the world. United States in 1998, the Digital Millennium Copyright Act was passed, the EU has also timely enactment of the directive on copyright in the information society. Of course, my country is also committed to the protection of intellectual property legislation, efforts based on its own national conditions and in line with international standards, to seek an effective solution, for increasing prosperity network provide powerful legal guarantee for the development of intellectual property.

Early in 2001, amendments to the Copyright Act. In 2005, the first issues white paper on intellectual property protection, proposed the construction of "innovation nation", and will be Pirate sword stamp network areas. In 2006, the State Council issued a regulation on the protection of the right to network dissemination of information, and commitment when conditions are ripe to accede to the WIPO Copyright Treaty and the WIPO performances and Phonograms Treaty, the party's 17 major report will "improve capability of independent innovation, building an innovation-oriented country" as "to promote sound and fast economic development," the first measure, clearly "implementation of intellectual property strategy". This information shows that China's resolution to increase intellectual property protection.

Piracy is a worldwide problem in the network, there is no one country can solve the problem of this. Is especially true for China, and traditional intellectual property issues have not been resolved, new violations the oncoming. Therefore must have corresponding measures to solve this problem. Specifically, should be legal, technical, publicity, moral regulation in several ways. Technical and moral means not much discussed. Propaganda means, strengthening people's awareness of protection of property rights through legal advocacy, to let know the necessity of protection of property rights, not piracy can save people's consumption, but piracy is the public's interest.

Most important is protection by legal means and systems. First, according to China's national conditions, for reference to some of the provisions of the WCT, the basis of the above analysis of the new features of Internet copyright protection and timely given the network copyright owners new powers. These rights include: the right to transmit a work, that is, network operators, specifically, online service providers, shall seek the consent of copyright owners, payment of a remuneration, and then transmitted over the network to the public works; right to prohibited countermeasures, so-called countermeasures, refers to the copyright of digital technology works "encrypted" unauthorized "decrypt". Generally, decrypt who is through decrypt of way theft copyright who of labor results, will works sold, and rental to has no right to of copy who for illegal profit, so holds this purpose of decrypt who although does not directly implementation copy behavior, but this decrypt behavior itself has constitute infringement; right marked of right, refers to gives copyright people in its works Shang identifies to digital or code explicit for Zhang shows copyright of right, by identifies of works without copyright people license, that ban others using and delete, and change.

Secondly, the improvement of legislation and systems. As soon as possible on China's Internet copyright legislation and perfection of the system. Priority is established to carry out network protection of copyright collective management organizations. Such collective management organizations can address the infringement or infringement of international, also acts as a spokesperson of the copyright owner and the copyright of network operators authorized to conduct negotiations. Particularly significant value in this way, on the one hand can greatly reduce network operators to negotiate with individual subjects of copyright, avoided as a result of this negotiation time, huge waste of energy and material resources, manpower, and will also significantly improve the bargaining position of individual copyright subjects and strength.

Again, evidence show system should be improved, fixing and to further strengthen effective evidence and evidence-gathering. Our law of evidence does not make complete provision of electronic evidence, judicial interpretations are not explained in detail, makes the use of electronic evidence in judicial practice there treat different conditions. Electronic evidence in judicial realities of imperfect legislation. Therefore, should further improve the electronic evidence, QQ chats trace, copy, download, path, IP address, collected and so should be accepted as valid evidence, but must be collected without violating someone's privacy case, specific actions that should be perfect by the legislator. Current judicial practice, in Internet intellectual property infringement disputes in some, conscious before the plaintiffs in the lawsuit to fix and collect evidence of infringement, and notarized by notaries to the evidence, this is a rights activist at last.

Finally, the breach of legal measures, to avoid copyright legal accountability. Operation of law is not to punish, but people respected. But if they undermine the rule of law, must be accountable under the law, to ensure the good running of the law. Because of network technology and high-end technicians are easy to avoid by means of new legal provisions. Therefore, it is necessary to combat the abuses so that right damaged relief of the rights.

Anti-piracy is a worldwide topic in many countries simultaneously. But repeated violations have become confines of the development in the information age. As a network power in China, intellectual property protection is not perfect has seriously affected the country's international image, improvement of the institutional and legislative imperative. Network individuals, flats, they can rely on network virtualization, anonymous features such as ongoing violations and lack of accountability. Under the trend of Internet audience in the interests of, used for network violations, does not agree with the legal cancellation of such acts. Stubborn sense of mass torts, legal regulation more difficult.

High operation cost, operability of traditional intellectual property protection is not strong, cannot really be protected in judicial practice, the emergence of new problems poses a difficult issue for legislators. Under the present conditions, and in the process of rebuilding the network of intellectual property protection system, legal methods, technical means and legal means and morality to be indivisible and indispensable. These instruments complement and promote each other to play their respective roles, law is the fundamental technology is to protect the means of propaganda and moral aid. Plays a fundamental role is legal, it is necessary to expand the scope of legal protection of intellectual property law, specifically network protection laws and regulations so as to establish information about Internet censorship, confidentiality of review measures, particularly for violations confirmed, evidence must carry out a detailed operational requirements. Networked intellectual property protection is a system project, involving legislative, administrative and judicial protection of intellectual property rights, social protection and so on, requires the use of legal, technical and ethical means to protect it.

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