網際網路對智慧財產權制度的衝擊之研究

• Main Author: 惲軼群
• Other Authors: 陳文賢
• Format: Others
• Language: zh-TW
• Published: 2002
• Online Access: http://ndltd.ncl.edu.tw/handle/73338940619006339111

碩士 === 國立臺灣大學 === 資訊管理研究所 === 91 === This thesis is intended to deal with the impact of the internet in the fields of domain names, copyrights, trademarks, and patents. Reference is first made to the definitions and coverage of domain names, copyrights, trade marks, and patents, followed by discussions on issues arising out of the impact of information technology and internet in terms of intellectual property protection. Finally, an overview of some landmark decisions rendered by the courts at home and abroad on disputes over infringement on the internet will be given as conclusion with some concrete and practical suggestions. The writer’s research was carried out by analyzing the pertinent statutory provisions, regulations, decrees, documentation and court decisions. The major sources of the research include the applicable laws and court decisions, correspondence and face-to-face discussions with foreign intellectual property law practitioners, web pages from the pertinent websites, and subordinate data. The subordinate data range from newspapers, magazines, professional journals and related theses in and outside Taiwan. The writer’s research shows that, obviously, governments around the world have followed the procedures illustrated in the basic structure of the research to gain optimal benefits for their countries by utilizing governmental mechanisms such as administrative interpretations, legislation, existing law revision, judicial rulings, etc. Although some issues remain unresolved, e.g. judicial jurisdiction and difficulties in preliminary investigation and efficient prevention of network infringement, the basic structure of the writer’s research may be employed to interpret the operation mechanisms of the respective countries.