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With the rapid development of information technology, intellectual property protection in the digital environment has gradually become a critical issue. WIPO Internet Treaties have included new provisions for digital intellectual property protection since 1996, which require all the members to provide adequate and effective legal remedies for rights management information (RMI). However, WIPO Internet Treaties only afford a basic framework, leaving much discretion for members to decide how to implement their treaty obligations. The domestic protection of RMI generally differs in five aspects: definition of RMI; the scope of prohibited acts; knowledge elements; exceptions of liabilities; and legal remedies. By examining the RMI provisions in WIPO Internet Treaties and their implementation in jurisdictions, this article focuses on the perceived flaws, puzzles, and problems that the RMI provisions may cause, and speculates on the effectiveness of the RMI provisions in accomplishing predetermined goals.
Contributor Notes
PhD in International Law, Fudan University, China; LLM in Stockholm University, Sweden. Email: zhanqian813@hotmail.com. The author gratefully acknowledges the insightful comments received from Professor Johanna Gibson and the anonymous reviewers of the QMJIP. The author is sponsored by Fundamental Research Funds for the Central Universities (2022ECNU-YYJ073) at East China Normal University.
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