试论国际互联网对知识产权传统特性的影响

The Impacts of the Internet on the Characteristics of Intellectual Property

国际互联网对知识产权传统特性产生了广泛而深刻的影响 ,具体体现为 :对地域性产生淡化影响 ,对时间性产生延长或缩短保护期限的双重影响 ,对专有性的影响为强化与弱化并存 ,对复制性的影响则是扩充了“复制”的涵义。这都需要从法律上对有关的问题进行深入的研究 。

The emergence of the internet makes it possible for human beings to share fruits of various civilizations. The internet completely breaks the physical barriers to the exchange of information and intelligence. It brings about broad and profound influence to all areas of human society, especially the characteristics of intellectual property laws. The impacts can be summarized as follows: The locality of the intellectual property has been weakened, which has enhanced internationalization and regionalization. The coordination among international organizations and involvement of international arbitration will play increasingly important roles. The time limits of the intellectual property have been affected in opposite directions: the protection periods have been prolonged or shortened based on different objects concerned. Time limits will no longer be a general feature of intellectual property. The impact on exclusivity is also impacted in opposite directions: the strengthening and weakening effects coexist. The scope of 'duplication' has been greatly enlarged, reflected in the emergence of publication over the net.