论山寨APP的知识产权规制路径

The Regulation Route on Copycat APPs from the perspective of Intellectual Property Law

山寨APP给应用程序市场原创软件研发者、经营者乃至终端用户的利益都造成了损害,有碍创新型技术产品的应用与发展,宜基于知识产权制度对其进行合理规制。然而,知识产权规制路径在互联网技术日新月异的发展态势下呈现出滞后性,对山寨APP的遏制效果不尽如人意。为更加有效地解决应用市场层出不穷的山寨APP问题,本文结合新技术环境下应用程序软件的特点,针对现行知识产权体系从相关立法规定、权利申请流程、诉讼程序、下载平台侵权责任等角度提出了调整建议。

Copycat APPs have caused damage to legal rights of original software developers, operators as well as users in application market, hindering the implementation and development of innovative technological products. Thus, they should be reasonably regulated based on intellectual property law system. However, the path of intellectual property regulation has shown a lag in the ever-changing environment of Internet technologies. As a result, its containment on copycat APP is not effective. In order to better solve problems caused by the many copycat APPs in application market, we put forward some suggestions for existing intellectual property system to make adjustments from the perspective of relevant laws, rights application process, litigation procedure and tortious liability for download platforms, which are combined with characteristics of application software under new technologies.