中国保护知识产权法律指南

章节摘录

版权页：3. Subject and Object of Copyright.The subject of the copyright shall enjoy the rights and bear the obligations of thecopyright. The copyright owner is defined into 3 categories. The first categoryincludes the natural person, legal entity or other organizations that create theworks, i. e. the authors. The second category includes the natural person, legalentities or other organizations, besides the author, who enjoy the copyright. Thethird category includes the natural person, legal entity or other organizations thatis entitled to the copyright by trust contract or service contract. In some cases, acountry can also be deemed as the subject of copyright. The object of the copyrightrefers to the literary, artistic and scientific works protected by Copyright Law,i. e. works.4. Categories of works stipulated by Copyright Law.The works stipulated by Copyright Law fall into 9 categories, i. e. the literary,artistic, natural science, social science, engineering and technological works inthe forms below., written works： oral works; musical, dramatic, folk arts,choreographic and  acrobatic  works:  works of  fine  art  and  architecture~photographic works; cinematographic works and other works created in methodssimilar to  cinematography;  engineering  design  drawings,  product  designdrawings, maps, diagrams, other drawings and model works~ computer software;other works stipulated by laws and regulations.5. Works not protected by Copyright Law.Works not protected by Copyright Law include those legally prohibited frompublication and dissemination, resolution, decision and order of governmentagencies, other legislative, administrative and juridical documents, and the officialtranslations thereof; news release, calendar, numerical tables, forms of generaluse and formulas: the works expiring the protection term under the CopyrightLaw. 6. Conditions of Copyright Ownership. The copyright laws protect the works, which is the carrier of the thought of the author. A works generally consists of two parts. One part is the content, which represents the thinking, emotion, idea and the cognition of the objective reality. Another part is the form of the works. The Copyright Law protects the form instead of the content of the works, but the two cannot be absolutely separated. Copyright Law protects the form of literary, artistic and scientific works, provided that the following conditions are met.（1） Originality,  the works shall be independently created by the author's intellectual labor, instead of copy or piracy of other works;（2）Unique expression, the works shall express the unique thinking, emotion, idea or comments of the author, and enable the readers, listeners or audiences to understand it as a tool of information transmission. （3） Reproduction; the works shall be expressed or fixed by a given material form that can be directly or indirectly sensed. The form of the works shall support reproduction by which one or more copies of a work can be produced by printing, photocopying, copying,  tithographing,  making a sound recording or video recording, duplicating a recording, or duplicating a photographic work or by other means. （4） Legitimacy; only legally procured works are subject to the protection of Copyright Law, no works prohibited from publication and promotion shall be protected by Copyright Law. 7. Is the copyright required to register？ Unlike patents, any works, once finished, automatically enjoy copyright without any registration and filing procedures, whether published or not, provided that it is printed with copyright mark pursuant to Universal Copyright Convention. At present, it is not compulsory to register the works. The registration only confirms the form of the works, and constitutes only the copyright evidence and initial litigation evidence.

书籍目录

Volume 1 Copyright LawChapter 1 Copyright and CopyrightLawChapter 2 Protection and Administration of CopyrightChapter 3 Protection of Computer SoftwareChapter 4 International Copy right Law ConflictVolume 2 Patent Law of PRCChapter 1 Patent Right and Patent Law of PRCChapter 2 Procurement,Invalidity and Termination of Patent RightChapter 3 Implementation and Protection of Patent RightChapter 4 Other Patent RegulationsChapter 5 Special Regulations about International ApplicationChapter 6 Protection of IC Layout DesignChapter 7 Protection of New Plant SpeciesVolume 3 Trademark LawChapter 1 Trademark IntroductionsChapter 2 Application and Renewal of Registered TrademarkChapter 3 Use,Cancellation,withdrawal and Change of Registered TrademarksChapter 4 Contents and Limitations of Exclusive Trademark Rights,Form and Recognition Standards of Trademark InfringementsChapter 5 Special Protection of Famous TrademarksChapter 6 Protection of Trademark RightsList of Chinese Laws and Regulations of IPR Protection

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《中国保护知识产权法律指南》主要内容包括:CopyrightLaw,CopyrightandCopyrightLaw,ProtectionandAdministrationofCopyright,rotectionofComputerSoftware,InternationalCopyrightLawConflict,olumePatentLawofPRC,PatentRightandPatentLawofPRC,Procurement,InvalidityandTerminationofPatentRight,ImplementationandProtectionofPatentRight,OtherPatentRegulations,SpecialRegulationsaboutInternationalApplication,ProtectionofICLayoutDesign,Protectionof NewPlantSpecies,TrademarkLaw等。

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