如果是写皇帝的
大多是香艳史
Working with statutes
Chinese Intellectual Property Law
1. wording of the statutory
Computer programs are a special case to be protected by Chinese intellectual property law. Currently, there is a debate on the extent to which computer programs should be protected by patents. No consensus has been reached. Opinions range from calling for a more relaxed approach on the one hand, to maintaining the current standards or to regressing the legal tradition on the other. In broad terms, in the United States computer-related patent applications generally are more easily and expressly secured. In Europe, computer programs can be patented only if they give rise to a "technical effect". In China, following the outdated European approach, the situation is still quite rigid for a developer to claim the protection of a patent. It seems that a more liberal attitude towards computer program patents is enshrined in the TRIPs Agreement and an altering attitude is gradually emerging worldwide.
2. statutory context
3. historical context
In the late 1970s, China has carried out reform and opening up policy. In the development of the socialist market economy, encourage and protect fair competition, China and countries in the world to promote the economic, technological, trade and cultural cooperation and exchanges in the process of legislation and enforcement of intellectual property rights has become a decisive factor. Since the 20th century since the early 1980s, the National People's Congress and its Standing Committee have enacted the trademark law, patent law, copyright law, anti-unfair competition law and other relevant laws, which initially established relatively perfect legal system of Chinese intellectual property law.
4. context created in other statutes and in case law
China's intellectual property rights and the development of the amendments, all more or less made reference to the establishment of the WTO after the "trade-related intellectual property rights agreement". When the new round of WTO negotiations will be "e-commerce" included in the WTO agreements, "E-commerce in the protection of intellectual property rights" into Trips, digital technology and the Trips agreement, it will inevitably become common, affecting China's protection of intellectual property
5. interpretations of the statutes lower or collateral courts
Apart from the Supreme People's Court, the provincial Higher People's Court, according to the specific local circumstances, in a positive way on a number of complex, the case made new judicial interpretations. For example, Legal or judicial interpretation of the provisions did not allow analogy applies. The commercial secret analogy can be applied to the jurisdiction of the jurisdiction provisions of the franchise.
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本帖最后由 深爱巴乔 于 2008-4-1 14:10 编辑 ]
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