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Research On The Intellectual Property Protection Of CAD Files Under The Background Of 3D Printing Technology

Posted on:2019-03-22Degree:MasterType:Thesis
Country:ChinaCandidate:Q FuFull Text:PDF
GTID:2416330548473606Subject:legal
Abstract/Summary:PDF Full Text Request
With the rapid development of 3D printing technology,manufacturing models are gradually changing from industrial mass production to family-based personal production,and at the same time,new challenges have been raised regarding the protection of intellectual property systems.This paper takes CAD files as the research object,analyzes the problems existing in the protection of intellectual property rights of CAD files,and puts forward constructive suggestions.The full text is divided into four chapters: The first chapter introduces the copyright ability of CAD files and discusses the attributes of the works of CAD files,which lays a legal foundation for the following discussion.The second chapter analyzes the existing problems in the protection of intellectual property rights of CAD files and analyzes the reasons: the attitude of alleged copying in legislation is vague,leading to the inaccurate definition of the nature of the identification of CAD files;personal use of CAD files,because of its dissemination Concealment can not be avoided.How to balance the interests between CAD file rights holders and the public is a problem that the law urgently needs to solve;overusing statutory compensation in judicial practice to solve copyright infringement issues leads to a generally low amount of compensation for copyright holders and illegal costs.Too low is one of the main causes of copyright infringement.The third chapter introduces the extraterritorial legislative issues concerning CAD documents,focusing on the comparison of the right to reproduce,the fair use system and the damage compensation system,and provides inspiration and reference for the improvement of China's laws.Chapter 4 addresses the aforementioned issues and proposes the following suggestions: The legal nature ofalleged copying is affirmed in legislation,which provides a legal basis for 3D print reproduction rights regulation;the “substantial damage” factor is introduced in the rational use system,and “elements” + “rules” are constructed.The model of the system is to receive a copyright compensation system to make up for the losses suffered by CAD document holders due to reasonable use;and to introduce punitive damages to strengthen the protection of CAD documents.
Keywords/Search Tags:CAD files, Reproduction rights, Fair use, Punitive damages
PDF Full Text Request
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