Essentials and Reference Guidance of Intellectual Property Law

Author: Jiang Danming
Publisher:
Publish Date: 2005-01-01
Features: Considering the breadth of coverage and the key and challenging issues in judicial practice, this series is the first to select eighteen commonly used legal categories, each compiled into a separate book. The series organizes issues under each legal category into two parts: "Essentials" and "Basis Guidance." The "Essentials" section includes questions (main purposes of provisions) set according to current legal documents and other difficult issues summarized from judicial practice. On the surface, these questions may not seem as targeted as those in Q&A or case-based formats, and some even resemble dry terms. However, these questions are precisely the "points" of each legal category, as any issue in practice can be categorized under these "points." The content is written not as lengthy academic monographs or papers, but in the form of expert opinions, concisely explaining legal principles and highlighting key considerations in judicial practice.
The "Basis Guidance" section lists as comprehensively as possible the specific legal authorities related to each question. In China, legal authorities are multi-tiered, including laws enacted by the National People's Congress and its Standing Committee, administrative regulations, departmental rules, and normative documents passed by the State Council and its departments, as well as judicial interpretations issued by the Supreme People's Court and the Supreme People's Procuratorate. Among these authorities, laws naturally hold the highest authority. However, some legal provisions are relatively general, and the interpretation and handling of many practical issues require supplementary references from administrative and judicial authorities. Therefore, the "Basis Guidance" section clearly identifies the names, publication dates, and issuing departments of all such authorities, along with the specific provisions applicable to each essential question (though some questions are lengthy and require referencing the full text of the basis or involve uncommon specialized issues, for brevity, we only note the names, publication dates, and issuing departments, omitting the specific provisions. Readers can refer to the relevant questions later or consult other legal compendiums).
With the clear framework of the essential questions, authoritative expert opinions on legal principles, and detailed, specific legal authorities, the series establishes a complete and coherent format for each legal category. We believe this innovative legal book format can largely meet the practical needs of legal professionals and serve as a convenient and useful reference.
It should be noted that due to the wide range of legal categories covered in this series, the workload of compilation was substantial. Authors involved came from various sectors, including judicial practice, teaching, and research, belonging to different industries and professions. Although we strive for uniformity in the compilation format, there are noticeable differences in language style and expression across different books. Additionally, the cutoff date for the materials used in this series is November 2004. We hope that experts and legal practitioners will provide timely and valuable feedback to help us revise and correct any issues in future editions.