CHINESE INTELLECTUAL PROPERTY LAW IN THE 21ST CENTURYPDF电子书下载

PART Ⅰ - COPYRIGHT AND RELATED RIGHTS 3

Chapter 1 Reform of the Copyright System 3

Overview of the Copyright System 3

Modification of the Copyright Law 5

Reasons for the Modification 5

The Process of Modification 7

Major Aspects of the Modification 7

Economic Rights of Copyright Owners 10

Compilation Works 17

Fair Uses of Copyright Works 18

Compulsory License for Textbooks 21

Assignment of Copyright 22

Publisher's Rights 23

Performer's Rights and Obligations 24

Sound Recording or Video Recording Producers' Rights and Obligations 27

Broadcasting Organization's Rights and Obligations 28

Collective Copyright Management 32

Legal Liabilities and Enforcement Measures 34

Modification of the Software Regulations 42

The Purpose and Process of the Modification 42

Major Aspects of the Modification 44

Chapter 2 The Development of Judicial Explanations 57

Overview 57

Major Contents 58

Jurisdiction 58

Network Copyright 62

Loading and Storing Digital Materials in the Network Environment 64

Digital Works 67

Network Communication Rights 68

Compulsory License 69

Network Service Providers 71

Application of the Copyright Law 87

Remedy 88

Chapter 3 Copyright Cases 89

Case One One of the Most Influential Cases on Fair Use Defense 89

Case Two A Well Known Case on Protection of Foreign Works 94

Case Three A Case on Copyright Ownership of Job- Related Software 103

Case Four A Case on Assignment of Joint-Ownership Software 105

Case Five A Well Known Case on Copyright Owners' Broadcasting Right 110

Case Six An Influential Software Copyright Infringement Dispute 115

Case Seven The First Case on Copyright Infringement on the Internet 120

Case Eight The First Case on Copyright Owners' Network Transmission Right 125

Case Nine The First Case on the Liability of a Network Service Provider 128

Case Ten The First Case on the Liability of Hypertext Links 139

Case Eleven A Copyright Administrative Decision on Copyright Infringement 146

Case Twelve A Penal Case on a Crime Against Copyright 151

PART Ⅱ - PATENT AND RELATED LEGAL PROTECTIONChapter 4 Reform of the Patent System 163

Overview of the Patent System 163

Major Changes to the Patent System 165

Patentable Subject Matter 166

Right of Offering for Sale 170

Application and Examination 170

Patents for Designs 171

Judicial Review of Utility Models and Designs 173

Revoking and Invalidating Patent Rights 175

Patent Rights of State-owned Entities 176

International Patent Applications 176

Exceptions to Rights Conferred 177

Compulsory Licenses 179

Special Compulsory Licences 181

Protection of Patent Rights 181

Enforcement Measures 183

Punishments for Counterfeit Patented Products 188

Chapter 5 Other Related Legal Systems 191

Legal Protections for Integrated Circuits 191

Application of the IC Regulations 192

Legal Protection for Plant Varieties 198

Legal Protection for Plant Varieties 198

Regulations on Gene Security 205

Regulations on Imports and Exports of Technology 205

Coverage 206

Regulations on Technology Imports and Exports 206

Chapter 6 Patent Cases 211

Case One Reverse Passing Off and Patent Infringement 211

Case Two A Milestone for Patent Protection for Computer Programs 215

Case Three A Patent Ownership Dispute over a Service Invention 227

Case Four A Legal Proceeding Against the Patent Authority 230

Case Five Protection of Legal Prior Right in an Infringement Dispute for a Patent for Design 233

Case Six A Complicated Infringement Dispute Case on Patents for Utility Models 237

PART Ⅲ - TRADEMARK AND UNFAIR COMPETITIONChapter 7 Reform of the Trademark Law System 247

Overview of the Trademark Law System 247

Major Changes to the Trademark System 249

Protectable Subject Matter 249

Signs Banned from Being Used or Registered as Trademarks 250

Collective Marks and Certificate Marks 251

Geographical Indications 252

Well Known Marks 254

Natural Persons as Applicants for Trademark Registrations 256

Bad Faith Registration in the Names of the Agents or Representatives of the Proprietors 256

Joint Applications for Registration of Trademarks 257

Protection of Legal Prior Rights 257

Right of Priority 259

Judicial Review 260

Enforcement 262

Chapter 8 Trademark and Unfair Competition Cases 269

Trademark Cases 269

Case One Legal Protection for Software Trademark in Electronic Form 269

Case Two The First Case on Reverse Passing Off 276

Case Three Prevention of Imminent Infringement 279

Case Four Trust Relationship in a Trademark Ownership Dispute 282

Case Five Legal Protection for a Foreign Trademark Registrant 293

Case Six Conflict Between a Trademark and an Enterprise Name 299

Case Seven Cancellation of a Registered Trademark for Improper Registration 306

Domain Name Cases 308

Judicial Explanation 308

Alternative Dispute Resolution 309

Case Eight Trademark Infringement and Unfair Competition in Domain Name Disputes 314

Case Nine Protection of Legitimate Interests of Domain Name Registrants 327

Case Ten Protection of Trade Names in Domain Name Disputes 330

Case Eleven Legal Liability of Domain Name Registration Organizations 336

Case Twelve Alternative Domain Name Dispute Resolution 347

Unfair Competition Cases 351

Case Thirteen The First Case on Electronic Databases 351

Case Fourteen A Case on Legal Protection of Trade Secrets 355

Case Fifteen Legal Protection for Decorations of Well Known Goods 361

Case Sixteen Unfair Competition and False and Misleading Advertisements 366

Appendices 373

Appendix 1 Copyright Law of the People's Republic of China 373

Appendix 2 Trademark Law of the People's Republic of China 389

Appendix 3 Patent Law of the People's Republic of China 403

Appendix 4 Regulations for the Implementation of the Patent Law of the People's Republic of China 417

Appendix 5 Rules of Transition on Implementing the Revised Patent Law and the Implementing Regulations 453

Appendix 6 Stipulations on Application of the Law Regarding Trials of Patent Infringement Cases 457

Appendix 7 Stipulations on Application of the Law Regarding Pre-Proceeding Injunctions Against the Acts of Patent Infringements 463

Appendix 8 Layout-Designs of Integrated Circuits Protection Regulations 467

Appendix 9 Regulations on the Protection of New Varieties of Plants 475

Appendix 10 Several Issues Relating to the Application of Law in Trials of Cases of Civil Disputes over Domain Names on the Computer Network 485

Appendix 11 Policy of Chinese Language Domain Name Dispute Resolution (Trial Implementation) 489

Appendix 12 Regulations on Computer Software Protection 495

Index 503