知识产权网络侵权保护的法治措施研究
发布时间：2018-10-11 07:53
【摘要】：互联网的发展正在深刻地影响着人们的生产和生活,日益改变着人们的工作和生活习惯,以及购物方式。在网络发展的过程中,不可避免地出现许多问题,有待法律加以规范。 知识产权这一概念主要指的是人们对于自己用智慧创造出来的知识产品依法享有各种受到法律保护的权利。知识产权是一个笼统的概念,在其之下,我们可以将知识产权划分为著作权、专利权和商标权,并且在知识产权侵权这一问题上,我们主要是通过侵权人的违法所得来判定其是否侵权以及侵权的严重性。但是,随着信息技术的不断发展和电脑网络的迅速普及,知识产权侵权问题开始表现为一种新的形式——知识产权网络侵权,简单来说就是在网络环境下产生的有关知识产权侵权的现象,网络知识产权侵权保护在法制措施上还不够健全,这使得知识产权网络侵权保护的问题变得更加复杂和繁琐,不仅对于我国来说还是一个有待发展探究的领域,对于世界来说也是一个难题,不过我们相信,通过健全相关法治政策体系以及防侵权技术措施等的发展,我们必定能够将“尊重知识产权”这一口号付诸到实践中。 所以本论文的主要研究内容就是关于网络知识产权的保护问题以及相关侵权问题的法律依据和解决措施,从而更好的保证著作权利人和网络服务提供者双方的利益,促使其能够在法律的保护下共同和谐发展。 本文分为四部分内容： 第一部分,导论。主要探讨了选题的意义,进行了文献综述,确定了研究方法和写作框架。 第二部分,知识产权网络侵权保护的理论阐释。阐释了网络侵权的概念,特性和侵权形式。 第三部分,当前我国内地知识产权网络侵权行为分析。主要探讨分析了知识产权网络侵权行为的责任主体、客体、责任追究和救济。 第四部分,防治知识产权侵权对策。提出了四个方面的措施。 本文的创新之处,意识选题新,富有挑战性。二是提出了防治知识产权网络侵权的4个方面的对策。
[Abstract]:The development of the Internet is deeply affecting people's production and life, changing people's work and living habits, as well as the way of shopping day by day. In the process of network development, there are inevitably many problems, which need to be regulated by law. The concept of intellectual property mainly means that people enjoy various rights protected by law for intellectual products created by themselves with wisdom. Intellectual property is a general concept under which we can divide intellectual property into copyright, patent and trademark rights, and on the issue of intellectual property infringement, We mainly determine whether the infringer's illegal gains and the severity of the infringement. However, with the continuous development of information technology and the rapid popularization of computer network, the problem of intellectual property infringement began to manifest as a new form-intellectual property network infringement. To put it simply, it is the phenomenon of intellectual property infringement under the network environment. The legal measures for network intellectual property infringement protection are not perfect enough, which makes the problem of intellectual property network infringement protection more complicated and complicated. It is not only an area to be developed and explored for our country, but also a difficult problem for the world. However, we believe that through the development of relevant legal policy systems and technical measures to prevent infringement, We must be able to put the slogan "respect for intellectual property" into practice. So the main research content of this thesis is about the protection of network intellectual property and the legal basis and solution of the related infringement, so as to better guarantee the interests of both the copyright owner and the network service provider. To promote its common and harmonious development under the protection of the law. This article is divided into four parts: the first part, introduction. This paper mainly discusses the significance of the topic, carries on the literature review, determines the research method and the writing frame. The second part, the intellectual property rights network infringement protection theory explanation. This paper explains the concept, characteristics and forms of network tort. The third part, the current mainland intellectual property network infringement analysis. This paper mainly discusses the liability subject, object, liability investigation and remedy of intellectual property network infringement. The fourth part, the prevention and cure intellectual property right infringement countermeasure. Four measures are put forward. The innovation of this paper, the consciousness of new topics, full of challenges. Second, it puts forward four countermeasures to prevent and cure intellectual property network infringement.
【学位授予单位】：华中师范大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D923.4
[Abstract]:The development of the Internet is deeply affecting people's production and life, changing people's work and living habits, as well as the way of shopping day by day. In the process of network development, there are inevitably many problems, which need to be regulated by law. The concept of intellectual property mainly means that people enjoy various rights protected by law for intellectual products created by themselves with wisdom. Intellectual property is a general concept under which we can divide intellectual property into copyright, patent and trademark rights, and on the issue of intellectual property infringement, We mainly determine whether the infringer's illegal gains and the severity of the infringement. However, with the continuous development of information technology and the rapid popularization of computer network, the problem of intellectual property infringement began to manifest as a new form-intellectual property network infringement. To put it simply, it is the phenomenon of intellectual property infringement under the network environment. The legal measures for network intellectual property infringement protection are not perfect enough, which makes the problem of intellectual property network infringement protection more complicated and complicated. It is not only an area to be developed and explored for our country, but also a difficult problem for the world. However, we believe that through the development of relevant legal policy systems and technical measures to prevent infringement, We must be able to put the slogan "respect for intellectual property" into practice. So the main research content of this thesis is about the protection of network intellectual property and the legal basis and solution of the related infringement, so as to better guarantee the interests of both the copyright owner and the network service provider. To promote its common and harmonious development under the protection of the law. This article is divided into four parts: the first part, introduction. This paper mainly discusses the significance of the topic, carries on the literature review, determines the research method and the writing frame. The second part, the intellectual property rights network infringement protection theory explanation. This paper explains the concept, characteristics and forms of network tort. The third part, the current mainland intellectual property network infringement analysis. This paper mainly discusses the liability subject, object, liability investigation and remedy of intellectual property network infringement. The fourth part, the prevention and cure intellectual property right infringement countermeasure. Four measures are put forward. The innovation of this paper, the consciousness of new topics, full of challenges. Second, it puts forward four countermeasures to prevent and cure intellectual property network infringement.
【学位授予单位】：华中师范大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D923.4
【参考文献】
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