Doktorarbeit: Network Copyright Protection in China

Network Copyright Protection in China

Studien zum Gewerblichen Rechtsschutz und zum Urheberrecht, Band 145

Hamburg 2018, 316 Seiten
ISBN 978-3-8300-9865-2

Administration, China, copyright, Gesetzgebung, justice, Justiz, legislation, network, Netzwerk, Urheberrecht

Zum Inhalt

This book is about the situation of the network copyright protection in China from the perspectives of legislative, judicial and administrative enforcement.

Part one briefly introduces the legislative thought and legislative procedure and history of copyright law. Then it introduces the main legislative contents of the network copyright, which includes the understanding of the information network communication right in China, the protection of technical protection measures (TPM) and electronic rights management information (ERMI), the limitation of copyright protection, the liability of Network Service Provider (ISP) and the criminal protection of network copyright. Part Two introduces the court system of China, especially the Intellectual Property Court; and then it introduces the judicial trial for the network copyright infringement cases, which includes (1) unification of referee standards; (2) trial logic of the ISP infringement case; (3) the mediation system; and (4) challenges in the network copyright judicial trial. Part Three is about the administrative protection of network copyright, which is also divided into four parts: (1) intervention of administrative protection; (2) related administrative organs and activities; (3) the relationship between administrative and judicial enforcement; (4) the situation of the copyright collective organization in China. Part Four analyzes the factors affecting network copyright protection in China, which are: (1) cultural and political factors, including the influence of “the cultural tradition of collectivism, political control of thought and political choice of the Party? on the legislation; the influence of “the traditional culture of ‘No litigation’ and administrative justice and Judicial policy? on the judiciary; the influence of “long-term administration system and policy tools? on the administration; (2) economic and technological factors, including the copyright industry, confliction between publishing industry and the Internet industry and the influence on the legislative, judicial and administrative protection; (3) international relations and international treaties, including the influence of the relationship between China and the United States and the influence of international treaties.

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