On the Legislative Defect of the Crime of Copyright Infringement from the Baidu Library Case——Commenting on 2011 the views of a number of issues on the handling of criminal cases of IPR infringement law
HE Guo-qiang · Hebei faxue · 2012
2011 views of a number of issues on the handling of criminal cases of IPR infringement law furtherly defines the crime of copyright infringement of the conviction and sentencing standards,but which in the interpretation of the crime of copyright infringement still exists in objective and subjective aspects' defects.The paths to solve the problems are reflected in subjective and objective aspects.The subjective path is to improve the obligation of the network service providers' reviewing the information,that is,as long as the internet information service provider charges fees directly or indirectly on the website that others upload infringing works,who are presumed of knowing the others contents;In objective aspect,using the infringing contents of the other people uploading should be covered in the extension of issue.