MasterofProject

Wang Chieh lawyers to remind people to buy tickets strictly control the number to avoid trouble

Train ticket real name system to help people purchasing a number of Motaiduo news playback, according to media reports, a man to Xuzhou some colleges and universities to contact the business, each increase of 10 yuan to help students to buy tickets, the morning of January 19, the man carrying more than 90 student card to Xuzhou Railway Station ticketing hall line up for tickets to the police patrol, was seized on the spot. Subsequently, the police will be the man to the police station on duty room to further review. After investigation, the man surnamed Zhao, who lives in Xuzhou city. Police in the body also found that nine tickets had just bought a train ticket, he carried a total of 93 student ID card. According to zhao...
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Criminal law protection of intellectual property rights under the background of internationalization (four)

Chinese scholars pay attention to the key problem is to China on intellectual property legal protection under the background of internationalization, how to perfect the criminal legislation of China on intellectual property rights. Beijing Normal University professor Zhao Bingzhi for China's commercial secrets legislation issues, put forward the "three three" proposal. The so-called "three changes" is refers to: cancel the provisions of the Penal Code Article 219 of the paragraph 2 of the negligent violations of commercial secrets, the paragraph is revised to "knowingly acts listed in the preceding paragraph obtains, uses or disclosure of others commercial secret, infringes on business secrets"; penal code section 219 of the paragraph 1 of...
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Criminal law protection of intellectual property rights under the background of internationalization (three)

Though they have different abroad on intellectual property and the criminal law protection of countries on intellectual property rights and the criminal law protection, but there is no lack of mature experience and advanced theory. University of Munich professor Shuneman pointed out that the infringement has become so easy, diverse and almost become the norm, and thus only the criminal law can clearly establish the importance and seriousness. It will play a role in protecting the legal interests, guiding the society to comply with the prohibition of sexual norms and cultivating people's moral values. Moscow National Law Academy of Sciences Barney Yatuofu Kaja professor that criminal law cannot ignore intellectual property rights of the...
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Criminal law protection of intellectual property rights under the background of internationalization (two)

The idea of criminal law protection of intellectual property rights and the protection of intellectual property rights by means of criminal law, first of all, should establish a scientific basic concept and establish a reasonable criminal policy. Beijing Normal University Academy of criminal division Wu Professor proposed to strengthen the criminal law protection of intellectual property, should be established in three basic ideas: first, from the point of view of the protection should be gradually establish enhanced protection concept; second, from the point of view of means to protect should be adhere to the combination of a variety of protection concept; third, from the point of view of conservation goals should be thoroughly embody the concept of fairness and justice. Only by following the basic ideas, can we establish the appropriate intellectual property rights protection system...
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Protection of intellectual property rights under the background of internationalization (Part one)

Is unceasingly thorough along with the coming of knowledge economy and economic globalization, intellectual property has increasingly become strategic resources and the international competitiveness of the national development of the core elements, a for an important support for building an innovation oriented country and a master key to the initiative of development. How to use criminal law to protect intellectual property rights is an important issue which needs to pay attention to and strengthen the research in the international scope. Therefore, Beijing Normal University Institute of criminal law and the German Planck Institute of foreign criminal law and international criminal law of the 13 to 14 December 2009 in Bangkok, Thailand, jointly organized by the guarantee to "under the background of internationalization of intellectual property criminal law...
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Reflection and reorganization of copyright system (comment)

参考文献:[ 1 ]李雨峰。枪口下的法律:近代中国版权法的产生[J]。北大法律评论,2005(6-1):165。[ 2 ]强世功,等。知识产权与法律移植[J]。读书,2004(8):3-14。[ 3 ]杰西卡Litman,战争故事[ J ]。20卡多佐的艺术和科。L J 365(2002)。[ 4 ] Glynn S.伦尼,死亡…
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著作权制度的反思与改组

四在面对著作权扩张乃至膨胀的同时,与着力讨论现代著作权制度的替代选择不同,更多的学者试图寻找改组现有著作权制度的方案。改组现有著作权制度的一种方案是诉诸公共领域。①这种主张的基本内容在于,著作权不能从公共领域中截取既有的知识,它也不能限制公众已经可以自由接触的材料。它预设一个公共领域的存在,并且主张对公共领域中的材料私有化(通过著作权)是违宪的。[ 15 ]公共领域的早期成员是著作权的低度保护…
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著作权制度的反思与改组(二)

     二尽管存在着不同的主张,如果放眼历史,我们就会发现,著作权制度发展至今已经呈现了扩张的种种趋向。无论就其保护对象、保护期还是权利内容而言,著作权人都蚕食着立法者最初所追求的公共利益和公共教育的发展。   伴随着著作权扩张的,却是对著作权制度合理性的质疑。作品的创作具有累积的性质,一个新作品的问世往往是作者阅读、借鉴、批评他人作品的结果。就此意义,任何作品都正在变成”集体的…
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著作权制度的反思与改组(一)

一著作权制度是西方文明的衍生物,它起源于17、18世纪的欧洲,构成了当时该地区政治经济结构变迁的一部分。而在中国这样的一些后发性国家,却被当成了变法图强的催化剂。当晚清政府在与西方列强修订的商约中承诺保护包括著作权在内的知识产权时,这一制度折射的是晚清政府构建现代民族国家并进而进行大规模法律移植的努力。[ 1 ]   近一个世纪以后,当中国进行改革开放,发展对外贸易,尝试建立社会主义市场…
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网络时代的私人复制(注释)

注释:[ 1 ]看到数字困境:信息时代的知识产权,国家科学院出版社2000。[ 2 ]朱莉*科恩等:《全球信息化经济中的版权法》,中信出版社2003年版,第329页。[ 3 ]吴汉东著:《著作权合理使用制度研究》,中国政法大学出版社1996年版,第63页。[ 4 ]…
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网络时代的私人复制(六)

六   行文至此,笔者仍然不能得出一言以蔽之似的结论。笼统地宣称私人复制属于合理使用或者侵权行为都未免过于武断,因此,在司法实践中,只能根据私人复制的具体情形进行个案认定。由于私人复制属于合理使用的观点在社会公众心目中过于根深蒂固,这就要求我们加强版权教育以提高公众的版权保护意识,使人们认识到尊重版权不仅有利于版权人而且惠及全社会只要社会公众开始考虑其所进行的复制行为是否合法,就已经算得上…
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网络时代的私人复制(五)

Five about private copying of legitimacy has been argued for a long time, but only when works to digital form, the quality of the works will not be damaged by copying and can through the network spread widely, there is no restriction of private copying bring copyright risk was particularly striking. And makes this problem complicated or difficult to come to a conclusive reason mainly lies in: first copyright law in the private copying qualitative ambiguous attitude. Copyright laws in the world have given specific private copying to exempt U.S. copyright laws, for example, in accordance with the law of the law, the copyright protection of computer program copy...
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Private copying in the Internet age (four)

Rational use of the four look works reflect the interests of the users "". This view believes that most private copying are just based on limited purpose occasionally. This copy will not replace the commercial copies of sales, which belongs to the rational use of. The reasons can be summarized as follows: first, the United States Supreme Court attitude. The Supreme Court of the United States in 1984, SONY case clearly pointed out that should be presumed to be a reasonable use of non commercial private copying behavior. "It is not necessary to prohibit private copying of the potential market or value of the work to be protected against the author's creative inspiration...
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Private copying in the Internet age (three)

Three first on behalf of the interests of the copyright owners "tort theory". This view is that, in the digital age, the use of copyright works for private purposes is not necessarily a reasonable use of the category. The reason is: first, according to the copyright law, the rights of copyright by copying control works have the exclusive. While the United States Congress to consider the activities of the library and archives of copyright owners to make a limit, but the general nature of the private use of the work should be based on the rational use of the rules to judge. Copyright law of the United States will be based on the re creation of the purpose of reference to others works as a reasonable use, and...
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Private copying in the Internet age (two)

Information technology revolution is fundamentally change the way for people to obtain information, people only need to gently click mouse can obtain huge amount of digital information. Digital technology also makes it very convenient to copy the work, whether it is legal or illegal copy. The digitization of the works greatly reduces the cost of the reproduction of the work. At the same time, digital copies in quality perfect, each a copy can as seed for further replication. This will inevitably lead to produce a large number of private copying, serious impact on copyright economic benefits achieved. In this case, the copyright owner can not...
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Private copying in the Internet age (1)

In the traditional copyright law, the private copy is generally reasonable, and is not controlled by the copyright owner. With the development of digital network technology, the economic attributes and technical characteristics of the duplication have changed radically. The private copying is more and more popular, which brings great impact to the interests of the copyright owners. Copyright people naturally do not want to continue to adhere to the "private copying belong to reasonable use" adage, on behalf of the public works the interests of users will certainly not accept copyright owners to complete control of the private copy of the claim. In fact, even in the Internet age, the rational use of the system still has room for the need of public interest and public policy. In view of this, this paper tries to...
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The legal protection mode of intangible cultural heritage (comment)

In theory, due to the non exclusive nature of public goods, the free rider problem makes the private market can not provide public goods. However, the definition of property rights can give the public goods to be exclusive, so that it can achieve effective development and utilization in the private market. References: [1] Hou Changlin. Re understanding on the classification of cultural value [J]. Tongren Teachers College, 2002 (1): 11-15.[2] Li in the East. The cultural resources in West China Legal Protection: to non matter cultural heritage legal protection for typical [J]. Journal of China University of Political Science and Law: Politics and law forum, 2007 (4): 125-1...
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Legal protection mode of intangible cultural heritage (eleven)

3.2 intangible cultural heritage with its cultural connotation as the core value. This is because the intangible cultural heritage is a concept of existence, beyond its carrier and performance tools. Carrier and tool may decide its survival, but its real value and not a carrier or a tool of its value, but a deeper level of borrow "physical" expression "spirit." It can be said that the humanistic value is the inherent fundamental value of the intangible cultural heritage. Just as the cultural needs of the people and the birth of the market mechanism, it makes the intangible cultural heritage of the resource value is found. Resource value of the "selling point" also...
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Legal protection mode of intangible cultural heritage (ten)

3.1 intangible cultural heritage of the attribute of public products laid the foundation of its legal protection. Non material cultural heritage as a public goods by the government to pay for the use of tax revenue is more ideal. "The practice of some countries also shows that regardless of the state system and social system, as the typical representative of the country's public sector, the government to the community to provide public goods is not only the basic functions, but also the unalienable basic responsibility." [20] is only considering the intangible cultural heritage of the "external economic benefits" and "free rider", as well as the government's financial resources, the balance of economic interests and other issues, we believe that the introduction of private law to protect the mechanism...
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Legal protection mode of intangible cultural heritage (nine)

3 non matter cultural heritage legal protection mode: public law, private law as a supplement of the intangible cultural heritage protection of public law and private law protection has its rationality, protection of public law and private law protection seemingly contradictory, but in fact, they are a relation of mutual coordination and complement each other. However, the coordination of public and private law to protect the intangible cultural heritage must also determine the primary and secondary status, to clarify the primary and secondary value, in order to better achieve the collaborative protection of public and private law. Roman to now, the relationship between public law and private law through the from private to priority of public law, to the public law and the private law constantly intermingling.
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