Intellectual property rights & Internet A research about the effect of Internet on Intellectual property rights & tort in China Qiong Tang Course: Internet and New Media

Overview The content which Internet transfer is information, and from a well known understanding of the Intellectual property rights: it can regarded as a type of rights of information. In this article, I will discuss the effects of Internet on the traditional Intellectual property rights system. Later, I will also discuss the main situation of infringing Intellectual property rights in China. Outline - Features of traditional intellectual property rights - Features of Internet - Impacts of Internet on traditional intellectual property rights - Situation of infringement in China

Features of traditional intellectual property rights Intellectual property (IP) is a term referring to a number of distinct types of creations of the mind for which property rights are recognized—and the corresponding fields of law. Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs. Common types of intellectual property include copyrights, trademarks, patents, industrial design rights and trade secrets in some jurisdictions. International intellectual property is usually divided into two parts, one is industrial property rights, has real economic significance for business, including patents and trademarks; other is copyright, also known as copyright. Patent, trademark, copyright is the foundation of traditional intellectual property.

Features of traditional intellectual property rights 1.Intangible Intellectual property is seen as the product of human mental work, thus it is a spiritual product. Although the entity itself does not have physical presence,, but it must rely on physical manifestations. 2. Exclusive This refers to the rights enjoyed only by the people who owns it, and protected by law, without permit, any other person shall not enjoy. 3.Timing This refers to intellectual property rights is a special right protected by law in a certain time, and this period is called period of protection. When the deadline come, then the effectiveness of the legal protection of intellectual property lose, intellectual property will become the common wealth of society.

4.Regional This refers to the legal recognition and protection of intellectual property subject to the limited space, limited by national territory in principle, in addition to national participation in international treaties, intellectual property rights can only be achieved within the country or territory legally effective. 5.Confirm the nature of the law This refers to the intellectual property rights must be protected by law and admitted by national authorities, which is different from a physical property.

Features of Internet 1. Objectivity This does not mean the network constitutes the objectivity of physical equipment such as computers, but that space supported by these devices the dissemination of information, interaction is of objective reality. Some call it the real virtual and the virtual reality. 2. Global Internet has made the world more than one hundred countries closely linked to hundreds of millions of users, this network links break the physical boundaries of physical space, so that national borders and regions no longer exist, the user can freely exchange information, conduct commercial activities.

3. Non-center-style openness When the Internet come into birth, it is an interactive form, open network, not a centralized management center; all computers are equal, is an information server to others, communication is a two-way crossover, each user can any one user and the network of information exchange. 4. Communication of the non-material Transmission on the Internet, not the actual transfer of a tangible object and delivery of the so-called space can only transmit intangible information products.

Impacts of Internet on traditional intellectual property rights 1.The intangible carrier of the right weaken the proprietary nature of intellectual property desalination Traditional intellectual property rights are intangible, but always in fixed material in tangible form shown on the carrier, so that the right to identify separate and define the right of knowledge and products. Internet as a new main carrier of these property, now is in violation of the proprietary nature of intellectual property rights. Knowledge products on the Internet is based on digital information into an electronic form on disk, CD, cable and other media, showing the state of the intangible, non-material features in the identification of the right to use it against the proprietary nature, is violations are difficult to define, so that proprietary rights weakened, watered down.

2. The rapid exchange of information is limited by the timing of the impact of intellectual property Protection of traditional rights theory provides time limits, which firstly aims to consider the development of knowledge products, updates. And second, make sure that proprietary products for everyone to enjoy the protection of a certain time, open exchange for their products, create wealth for society. The duration of protection of the rights of its general income in the protection and creation of knowledge products offset by the intellectual labor as a standard of personal interests and public interests balanced outcome. This makes the application of criteria to determine the term of protection the length of offset makes it difficult, too long to waste due to the aging of intellectual knowledge, resources, reduce social benefits, then the damage is too short to create the enthusiasm product.

3.The globalization of electronic information services, regional intellectual property rights are under attack Traditional protection of intellectual property subjects to geographical restrictions, in addition to international treaties, the rights of the country only achieved by the recognition and protection. Internet is a cross-regional, and global, and it has broken the traditional national, regional boundaries, so that no longer exists, can be quickly cross-regional transfer of knowledge products, the use of. Intellectual property law is the law, knowledge of products subject to the constraints of law of the country, and although the law around the world is of some consensus, but there are still many differences between the protection of intellectual property rights, so there are different levels of protection, conflicts of law online difficult to identify the exercise and protection of rights, applicable law, law enforcement jurisdiction of the subject and is difficult to determined.

Situation of infringement in China 1. Web site copy the infringing copy On a Web page, the general are made of words, pictures, sound recordings, moving images and other multimedia elements. Web can be used as "assembly work", and any part of their work are protected by copyright. As long as the content of the page with the original selection or arrangement, the specific contents constitute a work. Then its copying, reproduction and other acts of suspected violations. 2. The network upload and download infringing Web upload, maybe is the real world works, including text, video, music and other digital and upload to the virtual network space, you have to respect the original copyright owner's rights. If the right person without permission (including silent as agreed), will digitize and upload their works to the Internet, to constitute infringement.

3.P2P software piracy P2P software is the early transfer of new personal development. P2P can be said that after the World Wide Web is the second greatest revolution in the Internet, almost every Internet users today are using this approach, free from the Internet to download digital music and movies. Use P2P download a file, the actual infringer is a user. If the user without the right holders permission, unauthorized act of uploading or downloading works, do not belong to the private study, research or other people, the rational use of published works, and its violations of the right of reproduction of right holders the right of communication and information networks.

4.Online Games Infringement With the online games industry has become a highlight of the Internet economy, online games becomes more frequent violations. Infringers usually by stealing online game source code, technical protection measures for damage to "Sifu", "plug" and other games in the Internet piracy activities. The most typical way is to secretly set up the server, operating online games is copyrighted by others. Certainly, to design the network environment of civil rights violations and many others, such as related to online privacy infringement, defamation, unfair competition, trademark, spam and so on.

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