The international community currently has two main instruments for protecting the rights and interests of information developers: legal and technical. Technical protection is more accessible to us, such as technical measures such as encryption dogs, encryption cards or diskettes, restrictions on the copying or use of software, which are mostly used in our country, but at the same time place an additional burden on development efforts and inconvenience for users. Most countries, on the legal front, provide intellectual protection through copyright law。
However, with advances in technology, such technological protection measures are not indestructible. The development of computer networking, in particular, has made the top-secret databases of institutions such as the white house and the pentagon of the united states, frequently the target of computer excellence. But it can be seen that our laws do not prohibit computer invasions, but rather do not violate the law if they do not result in other violations. In the traditional system of intellectual protection, the threshold between violation and non-violation is the entry act or whether the information thus obtained is "personal use". But with the development of computer networks, people such as hackers are likely to have access to confidential data on national security through the internet, and even "personal use" may not be useful at this time. The distinction between the concept of "personal use" becomes more difficult。
As we can see from this, technological protection is not enough to protect intellectual property rights on the internet at all, and it is even more in need of legal protection. In the united states, the legal protection of intellectual property rights has a long history. Chapter i, article 8, paragraph 8, of the constitution, which came into force in 1789, states that congress has the right "to safeguard the exclusive rights of authors and inventors over their works and inventions for a limited period of time in order to promote the advancement of scientific and practical arts". Subsequently, the united states enacted the patent act, the trademark act, the copyright act, the anti-improper competition act, the internet act and the software patents act. In order to fully implement the obligations under the world trade organization agreement on trade-related aspects of intellectual property rights (trips agreement), the united states government enacted the uruguay round agreement act on 8 december 1994, which further modified and refined intellectual property law. The protection of online knowledge is done through copyright law. In the old system, the protection of intellectual property rights from a technical point of view was not in itself protected by law, i. E. The mere lifting of technical protection measures was generally not unlawful. That is, it is not illegal to have access to and browse the top secret databases in the network, provided there are sufficient technical means. In addition to judicial protection, the united states uses administrative procedures and arbitration systems to protect cyber-intellectual property rights。
With regard to the mere protection of intellectual property rights, japan has established strong mechanisms for responding to intellectual property rights violations, strengthened law enforcement, and strictly combated and outlawed cyber-violations, while improving legislation and protection systems to combat intellectual property rights violations。
Since the 1970s, with the expansion of international merchandise trade in europe and the emergence and development of international markets for intellectual property rights, there has been a trend towards integration of intellectual property protection among european countries. Today, a unified "european" rights regime has been developed in a number of eu intellectual property legislations, and coordination and harmonization in the area of intellectual property protection has reached a considerable level。
Countries around the world are increasing their protection of online intellectual property rights and are facing the challenge of adapting and adapting existing intellectual property regimes to the development of modern technologies. Many countries, regions and relevant organizations have adopted measures and instruments accordingly. For example, the world trade organization has adopted the agreement on trade-related aspects of intellectual property rights; the world intellectual property organization has developed the copyright treaty and the phonograms treaty; the united states adopted the digital millennium copyright act in 1998; and the eu has enacted the copyright directive for the information society。
We are also taking the opportunity to build on our national circumstances and to seek an effective solution to provide strong legal guarantees for the development of increasingly prosperous cyber-intellectual property rights. The copyright act was amended in 2001. In 2005, the first white paper on the protection of intellectual property rights proposed the creation of an "innovation state", as well as a straight-on-network area that would combat piracy. In 2006, the state council introduced the regulations on the protection of the right to communication of information networks and committed itself to acceding to the wipo copyright treaty and the wipo performances and phonograms treaty when the conditions are ripe. The party's 17th report identified "improving the capacity for autonomous innovation and building an innovative state" as the first measure to promote the good and fast development of the national economy" with a clear "ipr implementation strategy". This information demonstrates our determination to increase intellectual property protection。
