Core Curriculum Related Guidance · Intellectual Property Law

Author: Liu Chuntian, Editor-in-Chief
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 study points are listed, and when necessary, the legal principles are briefly explained to help readers grasp the essence of the provisions. To better connect theory with practice, relevant cases with significant influence are appended to related chapters, enabling the integration of legal principles, statutes, and cases within the macro framework of the intellectual property legal system, thereby providing mutual clarification. This should be 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 part 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
The content covers an overview of the patent system, the objects of patents, the subjects of patent rights, the conditions for granting patents, the application and examination system for patents, the content and limitations of patent rights, and the protection of patent rights.
Part 4: Trademark Law
The course content mainly 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 ones include the Anti-Unfair Competition Law, which focuses on the relationship between anti-unfair competition law and intellectual property law, unfair competition practices, and the legal liability for such practices. In addition, this part should also cover commercial secrets, geographical indications, integrated circuit layout designs, and plant (new plant varieties).
Part 6: International Treaties on Intellectual Property
The main treaties include 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 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 course 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. As for the basic concepts of anti-unfair competition in Part 5, unfair practices, and legal liability, as well as the basic content of the main international treaties in Part 6, should also be mastered.