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Improve The Vision Of China's Intellectual Property Protection In Civil Law Method

Posted on:2007-06-02Degree:MasterType:Thesis
Country:ChinaCandidate:G Y ZhangFull Text:PDF
GTID:2206360185479850Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The protection system of the intellectual property right, for promoting scientific and technological progress, it has important meaning and function with economic development that culture prospers, since it guarantees the important system of normal running of socialist market economy, launch international science and technology, economy, one of the basic environments and conditions of cultural exchange and operation. Current legal mechanism of protecting the intellectual property right of our country in term of ngle that the civil law protects, its key concept is liability for tort, in the judicial practice, it is a main son for causing the intellectual property right dispute too that the intellectual property right fringes. And this kind of method to protect intellectual property right all display the drawback in practice and in theory, this text adopts to the liability for tort of the intellectual property right and belongs to the research of the responsibility principle, can construct a completion reasonable intellectual property right civil law protect the method. Ask for right and protect the method.This text is divided into five parts Part one It is a introduction part, introduce research purpose, current situation and research approach herein. Part two It is a intellectual property protection summary. This part has mainly introduced the protection system evolution of intellectual property right of our country of our country and legal system, and TRIPS agreement is about protecting the relevant regulations of the intellectual property right. Part three belong to the principle summary of the responsibility for the intellectual property right tort. This part research our country and other countries of world at first are about the asserting of intellectual property right tort, and the intellectual property right infringes with the civil relation question that infringe. Make a concrete analysis of our country to the copyright, the infringement of patent right and trade mark privileges asserts. Then infringe and belong to the summary of the responsibility principle for the intellectual property right. Dispute regarding the intellectual property right infringes and belongs to responsibility principle of circle of theory of the present stage of our country of main research, and discuss that analyzes through the study on these disputes, I summarize to belong to responsibility principle should use the responsibility principle of the fault...
Keywords/Search Tags:The intellectual property right, Tort conduction, The intellectual property right infringes and belongs to the responsibility principle, Ask for right in compensation for damage, Ask for right on the thing
PDF Full Text Request
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