| The two treaties of the World Intellectual Property Organization, the WIPO CopyrightTreaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT),provide for theobligation to protect the technological measures.Although China became the number of thetwo internet treaties in2006,it has set the clause to protect technological measures when itamended the China’s Copyright Law in2001.Nowadays,China has established regulation toprotect the technological measures, however, the regulation is overbroad and unclear, andthere are still many problems to be solved. With methods of case analysis and comparativeanalysis, this paper focuses on the examination of legislations and judicial practice, and thenanalysis the interest conflict that the legal protection of technological measure causes. On thebasis of above analysis, the paper makes some suggestion to improve the legislation ofprotection of technological measures in Our country.In addition to the introduction and the conclusion, there are five chapters consisting ofthe main body of this paper.Chapter1draw out technological measure questions such as how to define technologicalmeasures, the conditions of effective technological measures, the abuse of technologicalmeasures, the conduct of circumvention of technological measures and the exceptions ofcircumvention and so on, which is going to discuss through a case named RealDVD Case.Chapter2illustrates the legal structure of technological measures. This chapter providesa brief introduction to the concept of technological protection measures, the legal property ofthe technological protection measures, the type of technical protection measures; focusing onanalysis of the constituent elements of the measures included in the copyright laws.Chapter3illustrates the abuse of technological and the impact of abuse of technologicalmeasures on fair use.Chapter4illustrates that the conduct of circumvention of technological measures. Thepaper discusses how to define conduct of circumvention of technological measures, comparethe clauses of exceptions of circumvention in China’s copyright law with those in DMCA.Thereafter, the paper illustrates the result of the administrative examination of the clauses ofexception.Chapter5illustrates the legislative defect and suggestion of legal protection oftechnological measures.This chapter analyzes the legislation status quo of China’s technological measures to reflect on our existing technological measures legislationinadequate, then make recommendations for improvement: defined the meaning oftechnological protection measures, to increase the relevant terms and conditions prohibit theabuse of technological protection measures, clearly circumvent technological protectionmeasures behavior exception of the range, improve the anti-circumvention provisions,requiring technological measures for the implementation of the marking obligations andremove the obligation. |
