Focus on new situations and solve new problems, strengthen judicial protection of online intellectual property rights
2024-04-28
In the face of new situations and new problems arising from intellectual property disputes under the network environment, we should adhere to the system concept, update the judicial concept with the times, adhere to overall development and security, maintain the dynamic balance between industrial development and technical regulation, and give full play to the leading, regulating, promoting and guaranteeing functions of Internet judicial adjudication for the development of new quality productivity. General Secretary Xi Jinping stressed that "we should firmly grasp the primary task of high-quality development and develop new quality productivity in line with local conditions", "we should lead industrial innovation with scientific and technological innovation and actively cultivate and develop new quality productivity". These important statements are the innovation and development of Marxist productivity theory, further enrich Xi Jinping's economic thought, have important theoretical value and practical significance, and provide guidance for the high-quality development of the people's courts' work. As a strategic resource for national development, intellectual property is directly related and closely related to innovation. Strengthening the judicial protection of intellectual property is an inherent requirement to support and serve the development of new productive forces with the power of the rule of law. In particular, with the emergence of new technologies such as artificial intelligence and cloud computing, Internet technology has penetrated the whole scene and become one of the most active forces in the digital economy era. On the new journey, how to accurately grasp the regularity, characteristics, and development trends of the formation and occurrence of network intellectual property disputes in the new formats and models of the digital economy, comprehensively, accurately, and timely update judicial concepts, deepen reform and innovation in the field of network intellectual property trials, effectively identify the entry and integration points to accelerate the development of new productive forces, and empower high-quality economic and social development with high-quality and efficient intellectual property judicial protection has become a major issue that people's courts urgently need to study and solve. In recent years, China's Internet industry has flourished and industrial integration has been accelerating, which has not only profoundly changed the way of human production and life, but also expanded the time, space, quality and efficiency dimensions of social governance, and also put forward higher requirements for the judiciary to establish rules by judgment and promote governance by rules. From the intellectual property cases accepted by the court where the author is located, it can be seen that the internet has become a high and frequent place for intellectual property infringement. In the online environment, the protection of intellectual property rights such as copyrights, trademarks, patents, trade secrets, and network domain names is increasingly becoming a key and difficult point in trials, reflecting new situations and problems that urgently need to be studied and solved in new technologies, new industries, new formats, and new models. Firstly, the iterative growth of digital copyright value and the extension of the cultural and creative industrialization communication chain have led to new problems in the protection of intellectual property rights in cross fields such as network copyright. As is well known, the development of cultural and creative industries has to some extent broken the boundaries of market segmentation, and the cross-border integration of copyright models is gradually becoming a new form. For example, in recent years, the Hangzhou Internet Court has concluded a number of cross domain intellectual property disputes involving music vs. webcast, games vs. movies, novels vs. audiobooks, etc. At the same time, short video templates, special effects props, 5G cloud games, artificial intelligence generated objects, and so on continue to emerge. For these new types of intellectual property objects, issues such as whether they have copyrightability and specific ownership definitions often become difficult to judge
Edit：Ying Ying Responsible editor：Shen Chen
Source：http://rmfyb.chinacourt.org
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