Abstract
This book is revised based on the second edition. Intellectual property rights are exclusive rights. Intelletual property law is a part of civil law. It is not only an important branch of the civil law but also a relatively independent discipline of law. This book aimed at builing a knowledge framework of intellectual property law, with special emphasis on the integration between intellectual property law and civil law. The author described intellectual property law's basic concepts, protection subject, building components, exclusive rights characteristics, relation with the civil law, and functions in the society in the context of the laws of China. This book also systematically analyzed copyright, patent law, trademark law, and theories and basic measures of laws against unfair-competition and explained the contents and principles of major international treaties and multi-national treaties on intellectual properties.
Comparing to the second edition, the main revisions in the third edition include the following.
The prologue added discussion on intellectual property law as a part of property law and civil law and suggested on its inclusion in the civil law.
The chapter on copyright added explaination of internet rights and corrected the view that copyright should be included in the communal properties between a husband and wife.
The chapter on patent law incorporated the new results in the third edition of the Patent Law of China and corrected the statement that the right to mark the patent signage on the product pachaging is a part of the patent.
The chapter on trademark strenghtened discussion on basic theories, added introduction of new laws, deleted the parts on the administration of trademark law, and explore the controversial areas.
The chapters on laws against unfair competition deleted content not related to intellectual properties, re-arranged those related to intellectual properties, and emphasized discussion on the theory of monetary limitation. 全书既保持了注重学科的基础性、科学性、体系性和稳定性的传统,又注重吸收我国修改专利法、著作权法和商标法后近五年来的新的研究成果。
《知识产权法》是法学专业的核心课程。本书可作为高等学校法学专业的教科书,也可为其他专业选用和社会读者使用。
Content
This book is the second version of the amendment on the basis of form. Intellectual property rights to privacy. Intellectual property rights are an integral part of the Civil Code. Disciplines of intellectual property law is an important branch of the Civil Code, is relatively independent of the departments of Law. Purpose of this book Construction of intellectual property law in a body of knowledge, intellectual property rights suspended on the combination of France, China and France. The book described the basic concept of intellectual property rights, the protection of objects, main components, privacy attributes, and the subordination of civil law and social functions; With China's legal system interpret the copyright law, patent law, trademark law, unfair competition law theory and basic system for the protection of intellectual property rights of major international conventions and multilateral treaties of the principles and contents of a modest explanation.
The third edition of the second edition of the amendments made considerable, mainly: An Introduction to increase on the part of intellectual property law and property law, the description of the common law of civil, intellectual property law should be put into the preparation of the idea of the Civil Code; copyright Part of the increase in the dissemination of the information network the right to explain, that the copyright does not belong to the common property of the husband and wife perspective; patent law for the absorption of China's third amendments to the Patent Law made by the research results, that the "product or packaging Annotated patent rights marked "for the reference to the contents of the franchise; Trademark Law for strengthening the basic theory expounded, an increase of new laws and regulations, the deletion of some of the trademarks related to the contents of the controversial The issue was discussed; Anti-Unfair Competition Law for the deletion of intellectual property rights has nothing to do with the content, adjusted for the relevant intellectual property rights and unfair competition, and focus on theory and the amount can not explain the system. The book not only maintained a focus on the basic disciplines, scientific and stability of the system and tradition, and paid attention to China's absorption amendments to the Patent Law, Trademark Law and Copyright Law after nearly five years of the new research results.
"Intellectual property law" Laws are the core curriculum. The book can serve as the College of Law professional textbooks, but also for other professional and social readers choose to use.