With socio-economic developments, the cyber-electronics sector has also flourished, and therefore, on the basis of intellectual property rights (iprs), the difference between these intellectual property rights (iprs) and ordinary intellectual property rights (iprs) is that ips are shared, so how do we understand the sharing of ip resources on the internet?
How can the sharing of intellectual property resources on the internet be understood?
Cyberspace is a shared platform that, without special restrictions, is generally accessible through search engines and can provide download services, a feature that undoubtedly accelerates the transmission of information, expands its content and coverage, facilitates the social sharing of knowledge wealth and promotes joint development with industry units. However, the shared nature of the network, from a legal point of view, constitutes some infringement of intellectual property rights。
First, intellectual property owners upload their creative intellectual achievements to the web for different motives, which can be divided into two categories: first, the results have been published or registered in the relevant sector, such as some papers published in academic journals, which are legally protected outcomes; second, the failure to register or publish, which is uploaded only to the internet, such as some of the online novels and papers not published in periodicals, is legally flawed and results are highly vulnerable to illegal misappropriation。
Furthermore, other persons (non-ipr owners) may also upload the creative intellectual achievements of others into cyberspace, which can also be divided into two categories: first, with the consent of the ipr owner, the uploader's actions are lawful; second, unauthorized uploading is an offence against intellectual property rights. However, many of the current websites, including the “library” and “downloading platform” dedicated to downloading articles, provide opportunities for illegal uploading, and unauthorized uploading of the outcomes of others to the internet by some internet users violates the intellectual property rights of others。
Ii. Corrections on integrated integrations
(i) unauthorized uploading
Some internet users upload their results into cyberspace for the purpose of obtaining a virtual currency or for other purposes without the consent of the owner of the intellectual property, and some profit-making companies sell the results of intellectual property owners through the network without payment. At present, due to the lack of specificity and integrity of the regulation of networks in our laws, intellectual property owners are not easily able to identify infringers, are sometimes reluctant to hold them accountable and have difficulty defending their legitimate interests。
(ii) direct misappropriation
As many of the writings that exist in cyberspace are not published in paper media or recorded in the relevant sectors, some of the creative intellectual results disseminated online are not fully protected by law, and some are registered or published before the intellectual property owners, directly embezzling other people's results and taking ownership of others ' outcomes. This remains a loophole in existing laws。
(iii) not specified at reference
Many people have access to resources on shared platforms provided by networks to enrich their own results, which inevitably draw on the results of others. Reference literature in the web environment is shared, accessible and quoted by all internet users. The key is the lack of clarity of access to online reference literature, and the fact that most internet users do not have a self-conscious sense of not identifying their origins and authors when quoting them, is clearly an infringement of intellectual property rights. However, the results of intellectual property owners become shared resources once they appear on the internet, making it difficult for authors to access the information of their authors, who are often only aware that online creative intellectual outcomes are public resources and not labeled. These are gaps in current law。
On-line intellectual property protection measures
(i) improving intellectual property law
The jurisdiction of intellectual property law fully incorporates cyberspace within its regulatory framework, perfects the legal provisions on intellectual property, clarifies the relationship of rights and obligations between intellectual property owners and end-users, defines cyberintellectual property rights torts, restructures the intellectual property law system and enhances the legal effect of intellectual property law in the networked environment. The ownership of creative intellectual outcomes on the internet that are not registered or published as a result of full legal protection, the ownership of intellectual property rights by the owner begins from the day the results are voluntarily published on the internet and is not limited to the registration and publication of paper media, and the abuse of the outcomes of others and other violations of intellectual property rights by the outlaws is eliminated. Intellectual property law should be directed towards specialization. Intellectual property rights were gradually evolving from the former property rights system to specialization, and the specialization of such particular property would inevitably lead to the establishment of their legal status and the improvement of their legal form, with the result that an independent property right would be regulated and regulated by a unified intellectual property code。
(ii) establishment of the rights of intellectual property owners
Intellectual property law should combine the real world with cyberspace, specifying that the intellectual property rights owner should have competence on the date of the birth of the creative intellectual product, which could be set as unconditional sharing, conditional sharing, non-allocable sharing, etc. The default of a non-declaration is to allow network sharing and unconditional citation, but must be quoted with a reference to respect for intellectual property. Unauthorized uploading is considered a violation for which legal liability may be imposed, and direct misappropriation or citation does not indicate that the person concerned can be punished in accordance with the actual law。
(iii) allow network sharing subject to legal use
At a time when cyberspace is developing rapidly and the future creative intellectual achievements of humankind are becoming socially shared, we cannot outlaw network sharing because of the infringement of intellectual property rights by some. But we should pay greater attention to the protection of intellectual property rights in the cyber age, and it is important that network sharing be kept within reasonable limits, so that internet users can legitimately invoke the outcomes of others, while giving intellectual property owners the right to identity and property rights。
Resources on the network are searchable and therefore shared. In practice, some internet users do not use these intellectual property rights in accordance with the rules and even constitute violations, at which point violators are punished in accordance with the relevant provisions。
