Research On Protection Of Intellectual Property Rights Of The Public Domain

With the advent of the digital age and the development of information technology, the scope of the intellectual property protection rights is expanding and the term of protection gets longer. The private of intellectual property is very serious. Intellectual property protection of the public domain is facing a serious crisis. Paper proposes a combination point that the subject of intellectual property in the public domain intellectual property laws (generalized) protection or the protection of intellectual property law extends the reach of the effectiveness of intellectual work. The public domain is a fundamental domain category, an openness scope, but also a view of the changing context. The balancing interest mechanism of the public domain and the exclusive domain is the key to the protection of the public domain. The protection of the public domain needs to be gradually perfect and reasonable limitations on the exclusive domain. Legal protection of intellectual property rights need to be perfect from the legislative and judicial. First, update the concept of the legislation legislative and break unprotected public domain intellectual property concepts, then integrate intellectual property legislation and promote the system of intellectual property law. Second, establish a sound system of legal protection of the public domain, improve the Copyright Act, the relevant provisions of the Patent Law, Trademark Law. On Judicial, follow the principle of intellectual property rights, and content that intellectual property, and access to the conditions and duration of protection shall be provided by law. Unless otherwise provided by law, no person shall in addition to the creation of intellectual property law. As for the judicial doctrine of strict compliance with the statutory intellectual property specific operation, you will need more operations to form an orderly judicial practice standard operating system.