Research On The Issues And Countermeasures Of Intellectual Property Notarization Under Network Environment

With the popularization of network, the relation between people’s life and the network is closer, and then the legal dispute of intellectual property right under the network environment appears more and more. Because of the network evidence is objective authentic and easy to change and cancel, the party to network lawsuit mainly consider how to collect and preserve the evidence legally and effectively in order to avoid losing the collection time. And the notarization network evidence preservation can meet the party’s need very well. The current notarization network evidence preservation means the activity of confirmation and preservation to the electronic documents which may be lost or are hard to obtain in the future through extraction and verification relevant network evidence by the notary public office according to the party’s application. The evidences preserved with notarization meet the requirements to evidential nature in lawsuit by the law which can be adopted by the people’s court legally and then achieve the aim to protect the legitimate rights and interests of the infringed and prevent disputes effectively.The current notarization protect of intellectual property right in China is mainly focus on evidence preservation of the fact of infringement in intellectual property right dispute cases, but the measure is not enough to provide general protection to the obligee under the network environment. There are many fields have not been involved by notarization in the protection of intellectual property right which are the development direction of notarization. This paper is mainly focus on the issues faced by the copyright and patent right under network environment and according to which to analyze the necessity of protect them with notarization and the challenge to the notarization. The challenge faced by copyright under the network environment mainly is that the first utterer cannot put to the proof. The right relief measure provided to the obligee by the law in the field of patent right mainly is Declaration of the Patent Right Invalid, and the challenge faced by patent right under the network environment mainly is the affirmation to the patent’s novelty, creativity and practicability after accepting the application of invalid declaration.By the analysis of the above issues, the writer gives some opinions on the challenge of notarization system under gave by network development and how does the notarization system serve for the protection of intellectual property right, and then the writer has a discussion.This paper discuses the issues and solution faced by the intellectual property right notarization from three chapters.The first chapter discuses the relationship between intellectual property right protection and notarization mainly from the following four sides:the origination and development of notarization system, the advantages and defects of the protection to intellectual property right protection of notarization and the relationship between the notarization and intellectual property right protection under network environment respectively. This chapter states that notarization is indispensable to intellectual property right protection under network environment.The second chapter discuses the field need to improve in intellectual property right protection under network environment. In this chapter, the writer makes the discussion mainly in point of view of the challenge in copyright protection and patent right protection posed by the network environment. This chapter including four parts which are the definition of copyright and patent right by the law of our country, the present situation and blank space in the field of copyright under network environment, the procedure and practice issues of notarization protection in the field of patent right under network environment and how to use notarization to protect the intersection of copyright and patent right under network environment. This chapter is mainly states that there are still many fields need the notarization to protect in the fields of copyright and patent right under network environment which pose many challenge to notarization system.The third chapter mainly discuses the improvement and innovation of notarization protection of intellectual property right under network environment, and discuses how to improve the notarization protection of intellectual property right, especially of copyright and patent right under network environment in the following point of view:notarization subject, notarization object, notarization content, notarization procedure and notarial certificate respectively.