Research On Copyright Protection Issues Of Cross-Border E-commerce

With the developing of digital-economy and the coming of the Post TRIPS era,cross-border e-commerce has been pushed into a higher stage of digital trade which has been linked closely with intellectual property,especially under the trend of trips-plus led by the developped countries.All the countries in the world can’t survive without the protection and development of intellectual property.Nowadays in the existing international intellectual property order,we shouldn’t infringe others’intellectual property rights,also our intellectual property need to be protected.As Chairman Xi said,the culture is the soul of the nation and the basis of the country which leads to the prosperity of the nation.The immense value to protect copyright will keep cross-border e-commerce develop prosperously.This article was made for the research on copyright protection in cross-border e-commerce trade based on the systematically analysis from pointing out the problems,analysing the problems to advance some proposals and solve the problems.The cross-border e-commerce has stepped into the senior stage of digital trade,and the developing of cybereconomy has pushed the global e-commerce grow faster and faster.Along with the developing of cross-border e-commerce,the copyright infringement issues have jumped out more frequently.Ihe primary issue to protect copyright is to know about the infringement of copyright,which has been disscussed and analysed from procedural law to substantive law,at the same time,from the domestic law of one country to the international law.First of all,the jurisdiction problems caused due to the foreign affairs in cross-border e-commerce,the final determination of jurisdiction and applicable law will decide the outcome.Secondly,the systematic analysis on the infringement from abstract concept to the concrete action,including the individual rules of copyright infringement in cross-border e-commerce,identifying methods and defenses,aiming to alert and avoid infringement happen.In the last part of this paper,there are some proposals were made according to above researches.There are three innovation points in this paper,the first is the research on copyright protection is about the challenges under the present development status.Then,the analysis was made under our current national conditions to protect copyright in the cross-border e-commerce considering the latest free trade agreements as RCEP,CPTPP and so on.The last part is the conclusions were made after analysing the challenges,one is to protect from the inner side,which refers to the traditional culture such as the folk literature and art works,that need to be protected in the legal way detailly.The other one is to protect from the external side,that through the international copyright trade coordination mechanism to balance the trade conflicts and create a fair copyright trade enviroment.On the whole,this invesgation goes deeper and deeper from outside to inside.However,there are still some weak points in this paper that many viewpoints need to be validated and fulfilled but limited by insufficient materials and personal ability.