Several suggestions for strengthening the protection of online intellectual property rights

Internet intellectual property is a collection of intellectual property rights caused by the development of the Internet, which includes new manifestations of traditional intellectual property rights in the network environment, new forms of intellectual property rights caused by the application of network technology, and unfair competition caused by the abuse of intellectual property rights. In recent years, with the vigorous development of the Internet industry worldwide, the importance and complexity of network intellectual property protection have become increasingly prominent. Some western and Asian developed countries have raised the protection of network intellectual property to the national strategic level, emphasizing that the protection of network intellectual property is the core of the future new intellectual economy, which plays an important role in enhancing the efficiency of traditional industries, creating new economic values and even improving the overall social efficiency. The necessity and significance of strengthening the protection of online intellectual property rights ——Effectively curb online infringement behavior At present, online infringement includes three levels: infringement of individual and organizational private rights, infringement of social public interests, and infringement of national interests. The most common type is the first one. However, due to the openness, sharing and publicity of the Internet, the infringement of network intellectual property rights has the characteristics of low cost, large quantity, wide range, complex correlation, strong concealment and difficulty in providing evidence, which leads to a large number of intentional and repeated infringements, which not only damages the legitimate interests of intellectual property owners, but also has adverse effects on the healthy development of the economy and society as a whole. To strengthen the protection of network intellectual property rights, it is necessary to formulate a set of legal systems, management means and technical measures in line with the characteristics of the development of the Internet with a scientific concept, increase the cost of network infringement and deter potential infringers, so as to effectively curb all kinds of network infringement, and ensure that the legitimate rights and interests of obligees, social public interests and national interests are not infringed, which is also of great significance for building and improving the intellectual property protection system in the new economic era. ——Implementing the "Internet Plus" Strategy and Promoting Independent Innovation China is formulating the "Internet Plus" action plan to promote the combination of mobile Internet, cloud computing, big data, Internet of Things, etc. with modern manufacturing, promote the healthy development of e-commerce, industrial Internet and Internet finance, and guide Internet enterprises to expand the international market. This will promote the cross-border integration of a large number of traditional industries and emerging industries, and more Internet enterprises will go to the international market, which will inevitably lead to many Internet related intellectual property issues, and it is necessary to develop targeted protection systems and measures. With the implementation of the "Internet+" strategy, the Internet will promote the evolution of China's industry from low efficiency to innovation and technology oriented mode. However, the infringement of network intellectual property rights in China is still serious at this stage, which is not conducive to the development of local innovation activities. The main reason is that the existing network intellectual property protection system has seriously lagged behind the rapid development of the Internet. Therefore, the urgent need to strengthen the protection of online intellectual property rights is an effective measure to stimulate independent innovation and achieve industrial transformation and upgrading. The current intellectual property protection system in China has not met the needs of the rapid development of the Internet industry With the rapid development of the Internet industry, China's network size, the number of Internet users and the amount of online transactions rank first in the world, and has become a veritable network power. Along with this, China has increasingly attached importance to the protection of online intellectual property rights. Not only has it joined a series of relevant world conventions, but the Supreme Court and multiple ministries have also issued a series of legal interpretations, protection measures, and management regulations to address online infringement issues, establishing a preliminary system for the protection of online intellectual property rights. However, in reality, Internet intellectual property infringement cases are on the rise. New types of cases continue to emerge, and the ways and forms of infringement are becoming increasingly complex. Sometimes, vicious competition in the industry will also be triggered, involving a large number of well-known Internet enterprises, including Alibaba, Tencent, Baidu and 360. This reflects that China's network intellectual property protection mechanism cannot meet the needs of the Internet era, and all sectors of society generally feel that it is necessary to strengthen the protection of network intellectual property. The main reason for this situation is that China's Internet industry is developing rapidly while the construction of the network intellectual property system is relatively lagging behind. Many laws and regulations are the product of "emerging problems and solving problems", making the existing system unable to cope with the new problems caused by the ever-changing Internet technology. Moreover, the regulations and systems formulated by relevant departments for the protection of online intellectual property rights are at a low level, lacking authority, systematicity, and coordination. The formulation process also lacks the participation of multiple stakeholders, resulting in many management loopholes and legal deficiencies. In addition, many intellectual property judges have insufficient knowledge and understanding of Internet technology, and lack a deep grasp of the Internet industry. The trial is difficult and the results are controversial. However, the intellectual property awareness and self-discipline of internet practitioners and users are relatively weak, resulting in a greater prevalence of online infringement. In short, China's current network intellectual property system construction cannot keep up with the needs of Internet development. Only by deeply understanding the particularity of network intellectual property and its unique role in promoting economic and social development, and establishing and implementing relevant institutional measures as soon as possible, can China move forward from an Internet power to an Internet power. Several issues that need to be addressed to strengthen the protection of online intellectual property rights Strengthening the protection of network intellectual property rights should conform to the development law and technical characteristics of the Internet itself. It should not only punish, but also take into account the balance of multiple interests, so as to promote the healthy development of the whole economy and society. According to China's national conditions and the reality of the Internet industry, and drawing on the practical experience of developed countries in the construction of the network intellectual property system, strengthening China's network intellectual property protection needs to focus on solving the following problems: ——Formulate a special Internet intellectual property protection law Although there are many legal documents and administrative regulations related to the protection of network intellectual property rights in China, most of them are judicial interpretations or administrative regulations, and the legal rank is not high, and they have not been passed by the Standing Committee of the National People's Congress in the form of laws. Moreover, various regulations come from different departments, which on the one hand have contradictions and conflicts with each other, and on the other hand, there are still gaps in many areas of network intellectual property protection (such as the lack of specialized laws and regulations to regulate the abuse of network intellectual property). Therefore, it is necessary to accelerate the pace of legislation, sort out, revise and integrate the existing Internet laws and regulations, formulate a forward-looking and systematic Internet intellectual property protection law on this basis, and establish or designate a special agency to promote, implement and supervise. ——Establish a mechanism for sharing the benefits of online intellectual property rights Intellectual property itself has a private nature and is closely related to human interests. However, in the context of the Internet, the sociality of intellectual property is fully reflected, and the intellectual achievements transmitted through the network also belong to the spiritual wealth of the whole society. Therefore, the protection of online intellectual property rights should not simply emphasize the interests of property owners, but also take into account the interests of users and the general public, with the aim of maximizing the economic and social benefits generated by intellectual property rights. This principle of interest balance is not only a legislative principle, but also a judicial principle. It is necessary to establish a network intellectual property interest sharing mechanism based on this principle, and promote different organizations and individuals to create maximum value and share results in the Internet environment by supporting the development of industrial alliances, promoting cross sectoral cooperation and encouraging authorization. ——Promote innovation and development of network intellectual property protection technology The use of network technology to protect network intellectual property rights is an effective measure widely adopted by various countries at present. The use of technological means to protect online intellectual property rights can not only prevent online infringement to a certain extent, but also provide practical experience and innovative ideas for the country in the legislative process of online intellectual property rights. But the development of network information technology is very rapid. While network protection technology advances, infringement technology is also being updated, and the two sides are mutually exclusive. Therefore, it is necessary to encourage the development and innovation of network protection technology, promote the establishment of public technology service platforms, and on this basis, organize forces with various stakeholders to develop specific network infringement technologies, and use network countermeasures to protect network intellectual property rights. ——Enhance awareness of intellectual property protection on the internet and establish ethical standards for the internet Compared with the western developed countries, the awareness of intellectual property rights of enterprises, institutions and individuals in China is relatively weak, while the imitation driven mechanism behind the rapid development of the Internet in China makes the awareness of protecting network intellectual property rights even weaker. It is necessary to strengthen the cultivation of awareness and ethical norms for the protection of online intellectual property rights, offer relevant courses in basic education, provide targeted training for organizations and individuals of different levels and types, promote the construction of a network civilization convention, and establish a network supervision mechanism. This will help enhance awareness of online intellectual property rights, develop ethical norms in the online environment, and play a role in suppressing and guiding online infringement thoughts and behaviors. ——Pay attention to the internationalization of network intellectual property rights, align with international network intellectual property laws, and actively participate in the formulation of international rules and standards that have a significant impact on the country's interests Compared with the dominance of Western Internet companies in the global market, China's market is mainly occupied by local enterprises, and a number of enterprises with world influence have emerged. However, in the process of internationalization, many Internet enterprises often fall into various intellectual property disputes, missing opportunities and serious losses. With the deepening of China's "going out" strategy and the Internet becoming more and more the infrastructure of enterprises, China needs to strengthen the global Internet intellectual property strategy, always put participation in and guidance of the world's Internet intellectual property work in an important position, strengthen international cooperation, actively participate in the formulation of global and regional (Asia) Internet intellectual property rules and standards, escort the internationalization of enterprises, enhance the international competitiveness of China's Internet industry, and form a virtuous circle.