A Journal of a Intellectual Property Judge's Work: Dongtao Talks Law: Dongtao Talks Law

Author: Li Dongtao
Publisher:
Publish Date: 2003-03-01
Features: Law is not a tool for violence; its power is limited to prohibiting everyone from harming others' rights, but not prohibiting them from exercising their own rights. This will help enhance people's personal strength and dignity, thereby building a well-ordered and balanced nation. The publication of this book aims to serve this goal by providing information services to the public. The book collects 99 cases of intellectual property disputes, including copyright, trademark, unfair competition infringement cases, contract dispute cases, and computer software dispute cases. Each case is accompanied by a vivid and interesting comic illustration. Law is not a rule system that can be changed overnight. For security, freedom, and predictability, it should avoid constant destruction of the legal system. When the established legal system conflicts with some volatile and urgent social development forces, law should pay the price for this stability. During the implementation of law, its requirement for certainty sometimes conflicts with the requirement for justice. When a clear choice must be made between two opposing values, judges should avoid a complete break with the past while also adjusting the specific parties' desire to achieve justice. A fundamental requirement for fairness and justice is that the relevant facts of a legal dispute should be judged according to the law in effect at the time the facts occurred, rather than according to laws enacted afterward. However, a legal outcome that can be clearly derived from existing legal provisions does not always occur.

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