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The Combination of Intellectual Property Protection and Electronic Commerce

2017-07-21 13:45:09

First, the core of e-commerce is "data information", intellectual property is a legal tool for protecting information.


As a considerable part of the "information flow" of e-commerce ", data information" can be taken as a "trade secret" to obtain the protection of intellectual property law directly. And more curing and expression of "data information" can make literary works, computer software, databases get copyright and other rights protection. Some "data information" can be commercialized, constitute "information goods" by the trademark, goodwill and other rights protection; the commercial competition in e-commerce is also subject to the restriction and restriction of anti-unfair competition law. Not only that, but the copyright protection of intellectual property rights now, has been extended to the network environment in the work (also a kind of information) dissemination, and the use of protection, which is particularly important to the healthy development of e-commerce.


Second, intellectual property trade has become a major form of e-commerce activities, especially in international e-commerce activities and competition.


Intangible goods trade mainly in the form of assignment and licensed of intellectual property have greatly developed. According to the statistics of the relevant agencies of the United Nations, the total amount of international trade in technology, in addition to technical trade, intellectual property rights mainly in the form of trademark licensing, trade license, trade secret license and copyright licensing has developed rapidly and become the main way to realize enterprise development virtualization in knowledge economy.


Third, Intellectual property products have become a major trading object in e-commerce.

With the knowledge economy approaching, there has been a knowledge industry, that is, talent and knowledge and other intellectual resources as the first factor in the allocation of industry, is usually referred to the high-tech industries and copyright industries, also known as the intellectual property industry. In the tangible commodity trade, high-tech products with high-tech value-added, often referred to as "knowledge products" or "intellectual property products". In the trade of intangible goods, computer software, audio-visual works, audio products, literary works and other copyright industry products occupy a major position. In short, this kind of form that mainly use the intellectual products developed from knowledge information and intellectual will be the be the main form of the creation of social material wealth. These kind of intellectual products has become  the major commodity current commodity trading now. Especially copyright products, most of them can be uploaded and downloaded by internet. To achieve payment online, the use of e-commerce transactions in the form of a unique advantage.


Fourth, e-commerce provides a new way for the acquisition of intellectual property.

Under the influence of e-commerce, a new way to obtain intellectual property - electronic applications have also come out. An electronic filing is an application for the submission of an intellectual property right to the competent national intellectual property authority in the form of an electronic document. In accordance with traditional practice, such applications (patent application, trademark registration application, etc.) should be based on paper as a carrier.

It is a new way to obtain intellectual property because of its patent right and trademark right in the form of electronic application. It can also be regarded as a special kind of e-commerce.




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