Intellectual Property Law

Download China Court Cases on Intellectual Property Rights by Zhou Lin PDF

By Zhou Lin

This ebook provides, in remarkable aspect, 16 landmark situations that profoundly have an effect on the security of highbrow estate rights in China. Written by way of six well known chinese language criminal students and jurists – together with judges who themselves participated in those judgements – every one case is totally defined and analysed: the events and their representatives, the fundamental proof, the proof ascertained by way of the courtroom, the facts offered by way of plaintiffs and defendants, the judges’ evaluations with their arguments and reasoning, the unanimous conclusions, and the judgment, besides a wealth of deeply knowledgeable remark. one of the questions raised by means of those instances are the subsequent: Is an internet site in the definition of a ‘work’ in copyright legislations, and hence secure? How may still the acts of importing and downloading of works from the net be labeled? Can the idea that of torts be utilized within the web context? what's the felony legal responsibility of an online merchant? How is a defendant’s ‘unreasonable behavior’ to be decided? who's answerable for the selection of ‘artistic worth’ – e.g., of garments designs? What facts has to be awarded to function adequate evidence area identify is a party’s personal production? In what a fashion may still packaging and ornament be seemed? How may still the ‘author’ in copyright clash situations be pointed out? How may still an unauthorized internet hyperlink be judged? while do separate parts assembled to create a product get pleasure from copyright safeguard? How may still damages be made up our minds? An introductory essay offers a close evaluate of the features of China’s highbrow estate legislations because it maintains to increase, with recognition to such components because the particular legislation enacted, many of the courts and tribunals to which IP circumstances are assigned, the growth of a case, ranging from submitting to completing, laws, reform courses, and ideas of facts. The editor places ahead his personal proposals – quite in gentle of the so-called ‘interfering components’ – on reform of civil trial sort in highbrow estate situations. it really is tough to overstate the worth of this ebook to a person fascinated by company dealings in China. With its authoritative services, plentiful aspect, and thorough elucidation of the salient positive aspects of constructing IP legislations and perform in China, it's going to serve events for years to come.

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