Network intellectual property refers to various intellectual property rights caused by or related to the development of digital networks. Copyright includes copyright and neighboring rights, and industrial property rights include patents, inventions, utility models, designs, trademarks, trade names, etc. In addition to the connotation of traditional intellectual property rights, network intellectual property also includes databases, computer software, multimedia, network domain names, digital works, and electronic copyrights. Therefore, the concept of intellectual property in the network environment has expanded a lot. We often come into contact with email public interests on the Internet, letters seen on electronic bulletin boards and news forums, online news databases, computer software, photos, pictures, music, animations, etc. on data transmission stations, All may be protected by copyright as works.

“The creative economy will become the golden industry in the 21st century. Policymakers should pay attention to the protection of intellectual property rights, especially in the era of rapid development of the Internet.” The father of the British creative industry, Creative Group and Creative Business School Chairman John Hawkins said in an exclusive interview with China Business News at the 2005 Shanghai Intellectual Property International Forum.

In the Internet environment, the traditional intellectual property protection system has suffered unprecedented impact, and the new Internet intellectual property protection system is still far from perfect. Legal confirmation, scope of protection, etc. are still controversial, and evidence collection is difficult. The problem is also restricted by network technology, as well as the contradictions and conflicts between the moral norms of the realization society and the network society, which have led to the anomie in the overall behavior of network construction, turning many law-abiding netizens in real society into lawless people online. anonymous infringer.

First of all, the arrival of the Internet era has caused an unprecedented impact on the traditional intellectual property protection system. The Internet has greatly changed people’s lifestyles and communication methods. The intangibility, exclusivity, and geographical nature of traditional intellectual property rights have Characteristics such as sex and timeliness, but basically no longer exist in the network environment. Instead, there are new features such as digitization of works in the network environment, openness, and borderlessness. The form of communication has undergone great changes, and the speed is faster. Once a work is made public on the Internet, its dissemination, downloading, copying and other series of behaviors are difficult to be controlled by the rights holder. Even if infringement occurs, it is difficult to prove it to the court. The popularization and application of network transmission have brought difficulties for right holders to realize their rights. Rights holders have no way of knowing who has used their works, and if so, how many times, making it difficult to assert their rights.

Secondly, with the rapid development of the Internet, a large number of works are being converted from traditional forms (mainly paper forms, including audio and video recordings, etc.) more and more rapidly. In this process, rights conflicts and even disputes between the right holders of the works and the traditional neighboring right holders and the disseminators in the online form will inevitably occur. However, my country's current network intellectual property protection system has not yet been perfected. Although relevant laws and regulations have been formulated to restrict the behavior of netizens, due to the lagging and conservative nature of the law, legislation is far from being able to adapt to the development speed of network technology. Internet infringement has many characteristics such as covering a wide geographical area, evidence is easy to delete and difficult to retain, the amount of infringement is large, and it is highly concealed. The solution to these problems all depends on the development of network technology. Moreover, the legislation on network technology still faces a series of problems that need to be solved, such as difficulty in confirmation, difficulty in obtaining evidence, and complicated allocation of infringement liability.

Thirdly, there are great differences in people's moral concepts in traditional social reality and network society. Traditional societies rely on the supervision of laws and regulations, social ethics and public opinion, as well as the reminders or attention of people around them. Traditional laws and morals will be relatively well maintained. The network society is a relatively free space, with neither a center nor clear national and regional boundaries. People's constraints of time and space are greatly reduced. The information everyone uploads to the Internet is displayed in text, pictures, sounds, etc., without real signatures. Therefore, it is difficult to confirm the identity of the netizen. Therefore, anyone can escape the influence of morality and public opinion through anonymity. Supervision, and therefore network supervision, is difficult to effectively implement.

It is precisely because of the imperfection of the Internet intellectual property protection system and the conflicts between Internet morality and social morality that a large number of Internet intellectual property infringements occur.

The Beijing No. 1 Intermediate People's Court is one of the courts in the national court system that accepts more Internet intellectual property dispute cases. In 1999, the Beijing No. 1 Intermediate People's Court accepted 12 such cases, and in 2006, the number increased to 95. Information provided to reporters by the court also shows that as the number of Internet dispute cases continues to increase, the types of cases are also constantly changing. ①

The National Copyright Administration’s Announcement No. 1 in 2007 issued to the public the "Notice of Requesting to Delete or Disconnect Infringing Internet Content" and "Instructions for Requesting to Restore Deleted or Disconnected Internet Content" sample format. This move was formulated by the National Copyright Administration after in-depth research and extensive solicitation of opinions, based on the provisions of Articles 14 and 16 of the "Regulations on the Protection of Information Network Communication Rights", gradually refining the content of "written notices" and "written explanations" Instructional format template. Their issuance has important practical guiding significance for effectively safeguarding the legal rights of obligees and facilitating the performance of legal obligations by network service providers. It will also play a role in regulating the order of copyright protection in my country's network environment and promoting the healthy development of my country's Internet industry. Positive promotion effect.

Liu Binjie, director of the National Copyright Administration, also said later: "Protecting intellectual property rights is not to cope with international pressure, but an inevitable requirement for our national prosperity, economic development, cultural prosperity, and social harmony." Liu Binjie said that protecting intellectual property rights , cracking down on infringement and piracy is one of the key tasks of the "anti-pornography and crackdown on illegal activities". * The State Council attaches so much importance to the protection of intellectual property rights, first of all, because cracking down on infringement and piracy is to protect the nation's innovation ability, to enhance the creativity of the entire nation, and to build an innovative country. Serve strategic goals. Secondly, we must hold high the banner of protecting intellectual property rights, fulfill our international commitments, establish a good image of the Chinese government as a credible and responsible government, and create a good international environment for China's development. The third is to regulate the cultural market in accordance with the law, create a fair competition environment, promote the healthy development of China's copyright industry, and safeguard the legitimate interests of knowledge workers.

From this we can see that network intellectual property protection is necessary and necessary.