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Study On The Intellectual Property Rights In The Interregional Conflict Of Laws

Posted on:2005-02-14Degree:MasterType:Thesis
Country:ChinaCandidate:S B PengFull Text:PDF
GTID:2206360125451822Subject:Law
Abstract/Summary:PDF Full Text Request
There will be the pattern of "three law systems, four leagal regions" in China under the policy "one nation, two systems". With the interregional commercial association has been more and more prosperous, another new leagal problem ensued by the plural legal structure of China, that is the interregional conflicts, including that of the IPR Law. Since 1980's, there has been a lot of studies on the Interregional conflict of Marriage Law and inheritance act etc, but few on IPR Law. In light of the importance and the uniqueness of the interregional commercial association in the area of EPR, some discussions about the conflict will be given in this thesis. The whole thesis consists of four parts mainly, about 40,000 words:Part I disscuses about why the interregional conflict of IPR Law comes and what is it's speciality. It emphasizes that the four region's entering the WTO has made the interregional conflict of IPR Law unique comparing with the other Interregional conflict and the International conflict of IPR Law.Part II illustrates the form of expression about the conflict, it covers the Ml spectrum of IPR Law nearly, especially about the Industrial and Intellectual Property right together with the copyright, which not only destroyed the justice and equitance of people's right but also add so much troublesome to the practical operation about these area.Part HI demonstrate the basic rules abided by resolving of the conflict. It offers a thorough discussion about the general rules and unique ones, highlighting a specific focus on the revising and using for reference of the rules of the International conflict of IPR Law.Part IV is dedicated to the constructing of the co-ordination strategy about the conflict, which is the most substance part of the thesis. In order to complete the constructure, the paper not only offers reseach insights from around the globe but also presents the practices and theoretical existence about the work of different regions. By addressing, confronting and analyzing every pattern, we choose the specific constructure, which is considered the most suitable pattern. On the basic, a special effect has beenmade to provide a most applicable ways to abate the contradictory of how to choose the reference law. By consulting to the theory of some scholars in Taiwan, a new arbitration mechanism is offered, and the possibility, necessity and superiority of the mechanism are thorough examined.In a word, the Interregional conflict of IPR Law in China integrates the speciality and complexity, which are distinct from the other Interregional conflict all around the world. In that, at the present circumstance, a detail co-ordination strategy on resolving the conflict should be planned step by step and the policy of "One nation, two systems" must be followed through out the whole process. What's more, the significant influence of the TRIPS should be considered. Undoubtly, all of these would speed up the settlement about these interregional conflict of IPR Law in China.
Keywords/Search Tags:Interregional
PDF Full Text Request
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