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The Copyright Internal Interest Balancing Mechanism & Intervention of Anti-Monopoly Law : Enlightenments from American Digital Performance Rights in Sound Recordings Mechanism(著作权内在利益平衡机制与反垄断法的介入...
(Full article available in Chinese only)
Law Science Magazine, No. 2, 2018, p.25-33 (《法学杂志》, 2018年第2期,第25-33页)
Year published: 2018
Anti-monopoly and protection of IPR are both just the methods of realizing their common goal, they are not by themselves the ultimate goal. With respect to the Copyright Legal System, it is reflected through the establishment of a perfect internal interest balancing mechanism, which shall contain a "protection-restriction" structure in order to prevent copyright from being abused when protecting such IPR. The DPRSR system in the US Copyright Law has set an excellent example for this, while the counterpart in China, i. e. the right to network dissemination of information system is yet to be developed. In the case where the copyright internal interest balancing mechanism is not working properly, different types of malfunctions may lead to different kinds of damages. Among which, for those may lead to competition damage, Anti-monopoly enforcement agencies shall timely intervene when necessary, in order to prevent the market competition and consumer interest from being jeopardized by the abuse of copyright, as well as to ensure the realization of the common goal of Anti-monopoly and protection of IPR.