중국의 지식재산권 사법개혁과 인터넷법원제도 일고찰

It would be very convenient if the lawsuit could be done online at home or in the office through a smartphone or PC in the period of the Corona 19 pandemic and in situations where non-face-to-face activities are required. China is making various efforts to improve litigation efficiency and convenience, such as the introduction of electronic litigation as part of judicial reform. Recently, it has introduced and is operating a new online dispute resolution system called Internet Court for the first time in the world. China's Internet courts, which were established in Hangzhou, Beijing and Guangzhou, are known to be copyright-related disputes for more than 70 percent of the cases repaired, contrary to the purpose of the establishment. This is because, unlike in the past, most copyright infringement occurs online, and when it comes to online copyright infringement, transmission rights are always a problem. The Internet court system is very different from the existing outdated Chinese judicial system, such that the litigation parties can file a lawsuit very conveniently and the litigation period is less than a month. In particular, there is much to suggest to us in that artificial intelligence and blockchain technology, which can be called the core technologies of the 4th industrial revolution, are widely used in trials. In the face of the U.S.-China trade war, the Chinese government greatly emphasized the protection of intellectual property rights of foreign companies, raising the ceiling on legal compensation under the Copyright Act and introducing punitive damages. Therefore, if Korean rights holders respond to infringement of rights in China with a more proactive attitude and actively utilize the Internet court system, it is expected that they will be able to receive sufficient rights protection in China as well as sufficient compensation.