In recent years, China has thoroughly implemented the national intellectual property strategy, implemented a strict intellectual property protection system, gradually improved laws and regulations, gradually improved the judicial system, continuously strengthened law enforcement, significantly improved the awareness of intellectual property in the whole society, and blazed a path for the development of intellectual property with Chinese characteristics. With the rapid development and in-depth application of Internet technology, intellectual property protection in cyberspace is facing new situations and challenges. For example, the means of infringement are more concealed, the forms are more diverse, and the cost is lower. There are difficulties in filing, obtaining evidence, hearing, and executing related lawsuits. To protect intellectual property is to protect innovation. All localities and departments accurately grasp the characteristics and laws of the creation, protection and application of intellectual property in the network environment, and work together to strengthen the protection of intellectual property in cyberspace, so as to provide strong support for promoting high-quality development and building an innovative country. Frequent violations of intellectual property rights in Cyberspace Mr. Liu published an updated version of the term "hamster subfamily" in the "Encyclopedia" column of a search engine. Later, Mr. Liu found that the netizen "tengman" published the entry of "hamster" in the "Encyclopedia" column of a search engine B, which was not only highly consistent with the content of the entry published by Mr. Liu, but also the signature was not Mr. Liu, and the source was not marked. After unsuccessful communication with a B search engine company, Mr. Liu filed a lawsuit with the Beijing Internet court, requesting that a B search engine company be ordered to change the signature of the entry to himself. After Mr. Liu sued, a B search engine company took the initiative to delete the term "hamster". After hearing, the court held that, on the basis of referring to 9 foreign documents, Mr. Liu's entries were significantly longer and more detailed than the five historical versions published by other netizens before. They were not simple processing of the historical version, but the works formed by re creation, which confirmed that Mr. Liu enjoyed the copyright of the entries. At the same time, the court held that a search engine company B, as a network service provider, had no subjective fault and had fulfilled the obligation of "Notification - deletion" stipulated by law, so it rejected Mr. Liu's appeal to change his signature. Although Mr. Liu was finally confirmed to enjoy the copyright, his experience of "wanton handling" and "willful reprinting" of his original achievements made many netizens say that he worked hard to create something, but it was easy to steal it. "Second time creators" gained a lot of traffic, while the creators and original content were often ignored. Similar infringements are not uncommon in the e-commerce field. Zhaoxiaoli (a pseudonym), an online shop owner who operates original works of art, is disturbed by "stealing pictures". The product display map designed and taken by our own brand painters and photographers was directly "stolen" by some competitors. The field of network literature is also the hardest hit area of piracy and infringement. According to the 2021 China online literature copyright protection and development report released by the China Copyright Association, as of December 2021, the overall monthly active users of the online literature piracy platform were 43.71 million, accounting for 14.1% of the online reading users, and the monthly per capita startup times were about 50. Most online literature platforms have more than 80% of their works pirated every year; 82.6% of online writers were deeply infringed by piracy, and more than 40% of them experienced frequent piracy. The Supreme People's Court issued the judicial protection of intellectual property rights in Chinese courts (2021), pointing out that with the rapid development of China's Internet industry, the Internet has become one of the most important places where violations of intellectual property rights occur, and the protection of intellectual property rights in the network environment has increasingly become the focus of intellectual property trials. In 2021, the three Internet courts in Hangzhou, Beijing and Guangzhou received 66148 new cases involving Internet intellectual property rights, an increase of 6.64% over 2020. New problems in intellectual property protection under the Internet Environment "Infringement simply requires' copy and paste ', but safeguarding rights requires a lot of effort." Zhaoxiaoli, who was troubled by "stealing pictures", filed a complaint to the e-commerce platform, asking the infringing merchants to stop infringing, remove the stolen pictures from the shelves, and punish the infringing merchants. Although the problem was finally solved, zhaoxiaoli experienced difficulties in obtaining evidence and long litigation cycle. Where is the difficulty of intellectual property protection under the network environment? "With the increasing abundance of Internet basic resources in China, the continuous expansion of application fields, and the prosperity and development of digital economy, intellectual property rights in the network environment are characterized by enhanced intangibility, weakened regionality, and more diverse content." Cuiguobin, director of intellectual property law research center of Tsinghua University Law School, said that first, the intangible characteristics of intellectual property rights are more obvious. The carrier of intellectual property in cyberspace is mainly digital information. Compared with the traditional carrier of intellectual property, it is more difficult to trace, lock, evaluate and confirm the right. Second, the regional characteristics of intellectual property have been impacted. In cyberspace, the virtuality, openness and borderless nature have impacted the regionality of intellectual property rights, making it more difficult to determine the network infringement and the subject of law enforcement and justice. Third, the exclusivity of intellectual property is challenged. Once online, information will become public information. Information dissemination will no longer rely on physical carriers, making infringement more impossible to prevent. "Compared with intellectual property infringement in the traditional sense, the characteristics of infringement in cyberspace are more prominent, such as difficult to obtain evidence, long cycle, low cost of infringement and high cost of safeguarding rights." Fengxiaoqing, vice president of China Intellectual Property Law Research Association and professor of China University of political science and law, said. The deep application of digital technology also objectively brings challenges to the protection of intellectual property in cyberspace. "With the wide application of big data, cloud computing and other technologies, distributed storage and algorithms can realize massive data processing. Infringers use these technologies to establish sites and channel users." Cike, executive vice president of the China Copyright Association, said that in the field of online literature, for example, infringers provide users with pirated content through mobile transcoding, deep linking, website aggregation and text extraction technologies, and facilitate users' reading through multiple carriers. Many pirated platforms also plagiarize the design and functions of genuine platforms, inducing some genuine users to read pirated versions. In addition, the increasingly diversified dissemination of Internet information content has virtually become a hotbed for the breeding and spread of infringement. "Infringing content is gradually migrating from traditional apps to we media platforms, applets, etc." Yucike said that many infringing contents spread through online disks, post bars, official account and other channels, making the dissemination more concealed and more difficult to supervise and protect rights. Constructing the legal system of intellectual property protection in Cyberspace To strengthen the protection of intellectual property rights in cyberspace, we need to constantly improve laws and regulations, further improve the protection mode of complementary advantages and organic connection among justice, law enforcement and technology, and create a collaborative governance system of government enterprise cooperation and multi-party participation. "In the face of new problems and challenges, we should actively build a feasible systematic scheme and institutional rules for the protection of intellectual property rights in cyberspace." Gaoxiaomei, deputy director of the Standing Committee of the Shanghai Municipal People's Congress and vice chairman of the Shanghai Association for science and technology, suggested that the effective experience and practices in practice should be summarized in a timely manner by improving legislation, responding to the common problems of intellectual property protection in different fields under the network environment, and putting forward framework normative guidelines on the rules of evidence, jurisdiction, and the responsibilities and obligations of network service providers. Strengthening the crackdown on infringement is a powerful measure to protect intellectual property rights in cyberspace. Since 2021, the national public security organs have carried out in-depth "Kunlun" special action to crack down on all kinds of violations of intellectual property rights. The security corps of the environmental food and drug brigade of the Beijing Municipal Public Security Bureau successfully cracked down a puppet Gang selling fake mascots of the Beijing Winter Olympic Games and the winter Paralympic Games on the Internet, and with the cooperation of public security organs in many places, they dug deep and thoroughly investigated, successively destroyed 6 production, sales and storage dens, and closed 14 online stores. Intellectual property justice plays an important role in regulating, encouraging and guiding. In recent years, the number of copyright infringement cases in online games, live broadcasting and other fields has been increasing, and the judicial judgment has continuously improved the work identification and protection rules from the practical level. In 2021, the newly revised copyright law came into force. The people's court, centering on the key points of revision and combining with the actual situation of work, ensures that copyright cases are tried according to law. The Tianjin court conducted in-depth research on the Internet content service provider (ICP) filing, application market, short video and other issues involved in Internet copyright dispute cases, and formed the "answers to issues related to the trial of Internet copyright dispute cases" to effectively guide and solve difficult problems in judicial practice. The self purification and industry self-discipline of network platform enterprises are also indispensable. Not long ago, the 2021 brand and third party copyright protection report released by wechat showed that the "copyright + brand" intellectual property protection network has been completed based on the whole scene of wechat official account, video number, personal number, enterprise wechat, small games and so on. In 2021, the platform has processed more than 150000 infringing official account articles and 1078 malicious official account based on the protection network. During the Beijing Winter Olympics, the wechat platform actively cooperated with the Beijing Organizing Committee for the Winter Olympics and the national copyright administration to launch a special action to crack down on the Winter Olympics copyright infringement, and severely cracked down on all kinds of infringement and piracy involving the Winter Olympics audio-visual, written, art, music and surrounding works; Cooperate with the public security and market supervision departments in Shanghai, Guangdong and other places to crack down on multiple offline counterfeiting gangs, and assist the market supervision departments and brand owners to solve the identification needs encountered in the process of law enforcement, which has contributed to the investigation of the illegal facts of the case. "Relevant departments should make use of the government portal, the 'three wechat and one end' and the websites of key news organizations to actively carry out publicity of information related to online intellectual property protection; add content related to intellectual property protection in law popularization education and primary and secondary school courses, so that more people can understand and support intellectual property protection; Internet service providers should pay special attention to intellectual property protection when Internet users register online, and pay attention to typical infringement cases Such as timely announcement. " Cuiguobin suggested that the Internet should be used to actively shape intellectual property culture in the whole society and form a good social atmosphere of respecting and protecting intellectual property. (outlook new era)