On Intellectual Property Right Issues Involved In Search Engine

Article starts from the the principle of search engine technology with a brief analysis of the working principle of search engine and its impact on social life, especially in search-based business model innovation. Then the article summarizes cases took place at home and abroad in 1996-2009, by analysis, trying to find the interaction between the technology and intellectual property law, argues that only the full commercialization of the technology and leading to the commercial model innovation, and as a result of the law,it will result in desputs of the interests distribution of all parties,even trigger a lawsuit. And from analysis of the case drawn, the current parties of the dispute focused on the major issues of two aspects : copyright and trademark rights.Lawsuits triggered by the search engine with copyright issues, infringement can be divided into two major categories, direct and indirect infringement. Indirect infringement is mainly about music. Although the introduction of relevant laws and regulations,this kind of case has stopped for temporary period of time, but the academic research for the obligation of search service providers is still under discussion. Although the "Regulations on the Protection of network communication of information" provides "notice - to delete" rules, but search service providers should also be required to respossible for which he knows or should know that links connect to infringing works, so as to safeguard the legitimate rights and interests of the copyright holder. And the copyright owners should participate in this new business model innovation, through consultation and cooperation to create a win-win situation. Direct infringement is related to web pages snapshot technology and the thumbnail picyures. Copyright protection in the network needs to take appropriate technical measures, and the standard to determine whether the infringement can not be completely applied to the existing provisions of copyright law, it should be whether the conduct resulted in damage to the interests of rights holders. Cases triggered by the search engine in trademark issues, mainly related to the trademarks of others set in the meta-tag and trademarks of others as a keyword in paid search. These two types of behavior are related to how the definition of "trade mark use",and in the present laws and regulations there have no such definition.It is necessary to be commodity-related, general commodities for sale or resale of those labels, otherwise, it would constitute acts of unfair competition. While trademarks as keyword bidding is not ranked in the existing provisions of law. Because the ranking is based on competitive search technology, rather than simply relying on the trademark in the text, in such a case it should not be token as an "trademark use" interpretation according to existing laws. However, the search service providers should review application of keywords and take necessary measures to protect the trademark owner's interests.