美国SOPA议案评析及其对我国网络知识产权立法的启示

在网络环境下,现有知识产权制度已无法适应保护知识产权的需要,各国都在酝酿知识产权制度变革。作为知识产权保护的急先锋,美国推出了SOPA议案,该议案在制止知识产权网络侵权方面采用了很多创新举措,因而受到了权利人的一致欢迎。但SOPA议案采用的创新举措过于激进,会引发株连无辜网站、妨碍言论自由以及危害网络产业发展等不良后果,导致其饱受争议、通过受阻。我国网络知识产权立法应从SOPA议案的折戟中吸收教训,一方面要迎合我国公共政策的需要,另一方面要遵循"比例原则"体现出来的平衡理念。

Analysis on SOPA and What Can Be Learned from SOPA for IP Legislation Under the Network Environment in China

Under the network environment, the current intellectual property system cannot meet the need of protecting intellectual property anymore, so the reform of intellectual property system has been undergoing in each country. As a daring henchman in respect of protecting intellectual property, SOPA was offered for public discussion in US. The SOPA adopts many creative measures to prevent the intellectual property infringements, so it was welcomed unanimously by intellectual property owners. However, some of these creative measures taken by SOPA are too aggressive, which would lead to the result of punishing innocent websites, impeding the principle of free speech, and destroying the development of network industry, so it was trapped in arguments and cannot adopt in the congress. The legislation of intellectual property under network environment in China should learn from the failure of SOPA, which means that the legislation shall not only cater to public policies in China, but also follow the idea of keeping balance embodied in the principle of proportionality.