Current location - Trademark Inquiry Complete Network - Trademark registration - In the 21st century, news reports will gradually transform from linear text to hypertext structure. The emergence of this new way of creating works will blur the boundaries between literary works, fin
In the 21st century, news reports will gradually transform from linear text to hypertext structure. The emergence of this new way of creating works will blur the boundaries between literary works, fin
In the 21st century, news reports will gradually transform from linear text to hypertext structure. The emergence of this new way of creating works will blur the boundaries between literary works, fine arts, film and television works, scientific works and other works. A final work may cover several basic work types. In this regard, in the copyright law of the 21st century, the significance of strictly distinguishing various types of works will become increasingly diluted, and a generally applicable standard may be adopted for protection. Second, the connection between the work and the carrier has gradually faded. In the traditional sense, works must be solidified on tangible carriers during the process of dissemination and utilization, and the use of digital technology directly leads to the digitization of work information. Whether it is language works or other works such as music, "0" and " 1" and other binary numbers, when disseminated, the information can often be spread directly to every corner of the world through the Internet. Therefore, the information in the work can circulate freely, and the relationship between the work and the carrier begins to fade. "Digital Technology is gradually cutting off the parasitic relationship between incorporeal objects and tangible objects that was seen in the traditional business transactions of works... Works no longer exist independently in the form of physical objects, and we are facing a completely new situation. " Despite this, we cannot be too absolute on this issue and deny the role of carriers in the information age, because the dissemination of a lot of information still requires the use of media such as CDs and floppy disks. Third, the standards for protection of works are blurred. As far as works in the traditional sense are concerned, originality is the only condition for a work to be protected. This is because traditional works make it easier to distinguish individual creative achievements and can subjectively evaluate their artistic height. In the information age, works, especially works created with multimedia, contain a large amount of data. Some of these data and information are original, and some are not. In this case, it is difficult to judge the originality of the above-mentioned works. It is also difficult to distinguish the copyright of each part because it is difficult for people to distinguish which part was created by whom. Some developed countries, such as Denmark, Finland, Norway, the United States, and the European Union, provide special legal protection to databases. Originality is no longer a necessary condition for database protection, and the protected content has also been extended. and the data or materials themselves making up the database. [31] Obviously, providing special protection to databases is naturally more beneficial to developed countries as the main exporting countries of data. However, for the vast number of developing countries that use data, it is of course at a disadvantage. Therefore, in 1997 At the World Intellectual Property Organization's conference on database protection held in Geneva in 2017, most representatives believed that the conditions for establishing an international database protection system were not mature. In the copyright law of the 21st century, whether to still adopt the traditional standard of originality or to lower the height of the standard of originality is still an important issue worthy of consideration by legal scholars.

2. The ownership of works is complicated.

As far as works in the traditional sense are concerned, the creator of each component of the work is easier to distinguish, and the attribution of the work is relatively clear. In the network environment, a large number of works created using computers have sprung up, especially works created using multimedia technology. Most of them are deformations and adaptations of previous works, and new works are constantly being decomposed. , be adapted, and re-formed into new works. Even ordinary Internet enthusiasts can easily use computer software to recreate and re-disseminate other people's works. In such a highly information-based society, "adaptation culture" has emerged. It has become increasingly difficult to specifically distinguish which part was created by someone. It is impossible and unreasonable to "restore copyright to individuals." , Therefore, the copyright system itself breeds the possibility of change. "In this context, it will be very difficult to determine the copyright ownership of each part.

However, we believe that even in this context, distinguishing the ownership of copyright is not a thing of the past, because a large number of individual works such as musical works, literary works, and artistic works will still appear, and the law should still protect the interests of creators. Full protection, and the right to adapt and protect the integrity of works protected by traditional copyright law should be more fully protected in the Internet age. Any act of adapting or tampering with other people's works without permission should be clearly prohibited by law.

3. Informatization of copyright rights content.

In the traditional copyright system, the property rights of copyright are centered around the right of reproduction, and widely involve rights such as distribution rights, recording rights, broadcast rights, and adaptation rights. Although these rights are closely related to communication technology, Close, but in the Internet age, the connection between them has been strengthened, and there is an inseparable connection between the exercise of copyright and the use of technical measures. In this era, a large amount of information is transmitted through the information highway. The so-called "information highway" is equipped with the latest digital fiber transmission, intelligent or computer processing and multimedia terminal service technologies to form a multi-user, large-capacity and high-speed interactive comprehensive information network system on a regional, national or international scale , high-throughput quantification of information transmission, popularization of networks, comprehensive services, and intelligent systems are its salient features. The construction of the information highway has greatly promoted the transmission of information.

According to relevant statistics, the number of people with full access to the Internet reached 260 million by the end of 1999, and the number of people online in China reached 8.9 million. In this regard, former US Vice President Al Gore commented: "The construction of the information superhighway is a revolutionary social change that will promote information revolution and change the way people live and work." This change also brings about the reproduction and distribution of works. Significant changes in approach. The U.S. "Intellectual Property Working Group" published a final report on September 5, 1995, titled "Intellectual Property and the National Information Infrastructure" (hereinafter referred to as the "Report"), which put forward new ideas for the development of intellectual property law. suggestion. As we all know, under normal circumstances, users of computer network communications can easily browse and read works on their computer screens, but the premise is that the works are temporarily stored in their memory and will disappear automatically after shutting down. The "Report" believes that the temporary storage of works in memory constitutes copying, because this behavior enables the works to be displayed on the screen, which is consistent in nature with ordinary copying, and there are already US cases confirming this. Thus, transferring a work from one computer to another constitutes a copy. Transmitting a work from one computer network system user to another computer network system user will constitute multiple copies, and remotely retrieving other people's works for the purpose of reading will also constitute copying. Secondly, according to the above theory, the method of inputting the work into the file through scanning or image display constitutes copying; when the digitized file is uploaded to the Bulletin Board System (BBS: Bulletin Board System) or other servers, it also constitutes copying. Copying; when information is downloaded from the BBS or server, it also constitutes copying. In a case heard in the United States (Sega v. Maphza), the court held that the copying and distribution of copyrighted game software on electronic reporting boards constituted "copying", and such copying was for-profit and without copyright. authorized by the defendant, therefore the defendant’s conduct constituted infringement. Therefore, if the temporary storage of works in a computer is regarded as a kind of copying, as the Report believes, then the transmission, uploading, and downloading of works also constitute copying. In comparison, "copying" in the traditional sense, such as printing, "reproduces" the information by fixing the content of the work on the carrier. 1. Copyright and related rights. Copyright, also known as copyright, refers to the personal and property rights enjoyed by authors of literary, artistic and scientific works and their related subjects in accordance with the law. Neighboring rights are called “copyright-related rights and interests” in copyright law.

2. Patent rights refer to the exclusive right to implement inventions, utility models and designs that a natural person, legal person or other organization enjoys within a certain period of time in accordance with the law.

3. Trademark rights refer to the various rights that a trademark registrant or rights successor enjoys over a registered trademark within the statutory period.

4. Trade secret rights refer to the exclusive rights enjoyed by civil subjects in accordance with the law over technical information or business information that are trade secrets.

5. New plant variety rights refer to the exclusive right to use the authorized varieties enjoyed by units or individuals who have completed the breeding in accordance with the law.

6. Integrated circuit layout design rights refer to the exclusive rights enjoyed by natural persons, legal persons or other organizations in accordance with the law over integrated circuit layout designs.

7. Trade name rights refer to the exclusive right to use a trade name that a commercial entity enjoys in accordance with the law within a certain geographical scope.

There are large differences in the theoretical circles as to whether the right to reward scientific and technological achievements, geographical indication rights, domain name rights, anti-unfair competition rights, special database rights, commercialization rights, etc., can become independent intellectual property rights.