Intellectual Property Law (Arguments. Regulations. Cases)

Author: Liu Chuntian
Publisher:
Publish Date: 2004-01-01
Features: This book selects important and currently effective laws and regulations in China according to the content system and teaching requirements of the intellectual property law course, categorizing them into topics such as General Principles, Copyright, Patent Rights, Trademark Rights, Other Intellectual Property Rights, and International Treaties. For each law and regulation, key learning points are listed in each chapter, with brief explanations of legal principles when necessary, to help readers grasp the essentials of the provisions. Additionally, influential cases are appended to relevant chapters to facilitate readers' intuitive understanding of the practical application of these legal provisions. This integration of legal principles, provisions, and cases within the macro framework of the intellectual property legal system provides a comprehensive and mutually explanatory approach, which is highly beneficial for readers, especially beginners, in learning intellectual property law.
Learning intellectual property law requires students to master the basic principles and systems of civil law (particularly the General Principles of Civil Law) in addition to the relatively independent content system and teaching requirements of intellectual property law as a sub-discipline of civil law. It generally includes the following six parts:
Part 1: General Principles of Intellectual Property
This section primarily elaborates on general issues such as the concept, objects, classification, nature of intellectual property, as well as the role, history, and current status of the intellectual property system.
Part 2: Copyright Law
This includes an overview of copyright law, the objects of copyright, the content, acquisition, and duration of copyright, the subjects of copyright, neighboring rights, the transfer and use of copyright, limitations on copyright, the protection of copyright, and administrative management and collective management of copyright-related rights.
Part 3: Patent Law
This covers an overview of the patent system, the objects of patents, the subjects of patent rights, the conditions for granting patents, the application and approval system for patents, the content and limitations of patent rights, and the protection of patent rights.
Part 4: Trademark Law
The course content primarily includes an overview of trademark law, the acquisition of trademark rights, the concept of trademark rights, use licenses and transfers, the invalidation of registered trademarks, the protection of trademark rights, and trademark management.
Part 5: Other Intellectual Property Rights
The main content includes the Anti-Unfair Competition Law, focusing on the relationship between anti-unfair competition law and intellectual property law, unfair competition practices, and legal liability for such practices. Additionally, this section should cover commercial secrets, geographical indications, integrated circuit layout designs, and plant varieties.
Part 6: International Treaties on Intellectual Property
This primarily includes the following treaties: the Paris Convention for the Protection of Industrial Property, the Berne Convention for the Protection of Literary and Artistic Works, the World Copyright Convention, the International Convention for the Protection of Performers, Record Producers, and Broadcasting Organizations, and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) under the World Trade Organization.
Among the above content, the teaching focus should be on Copyright Law, Patent Law, and Trademark Law (collectively known as Industrial Property), particularly mastering the objects, subjects, content, acquisition, exercise, limitations, and protection of copyright, patent rights, and trademark rights. The basic concepts of anti-unfair competition, unfair practices, and legal liability in Part 5, as well as the basic content of the main international treaties in Part 6, should also be grasped.