Jan 12, 2009

Book Chapters The Intellectual Property Law (2004)

Here are English abstracts of my book chapters in CHEN Xinghua (ed.), The Intellectual Property Law (Kunming: Yunnan University Press, 2004).

Chapter 25: Name of Commercial Entities and Geographical Indication

This chapter includes two sections. The first one introduces the following contents: the identification and characters of the Name of Commercial Entities (NCE); the conditions for gaining NCE; how does Chinese law regulate the NCE, i.e., the specific regulations in Trade Mark Law, Anti-Trust Law and Civil Law; and how could these regulations be applied in the dispute resolution. In the section of “Geographical Indication”, the notions of Indication of Source, Appellation of origin and Geographical Indication (GI) will be differentiated and compared, followed by the description of the protective mode on GI, through which the related provisions of TRIPS will be examined and possible legislation suggestions in China will be proposed.

Key contents of this chapter include: the identification of NCE, the difference between NCE and trade name; the name rule of NCE in China; the legal protection to NCE; the difference and connection among Indication of Source, Appellation of origin and Geographical Indication; the identification of GI in TRIPS; the protective regulation in China’s Trade Mark Law. During the studies, it is advisable that the students should familiarize the international and domestic regulations related to this chapter. And the method of moot court could be utilized to furniture the comprehensive capacity in problem resolving in the reality.

There are about 10,000 Chinese words in this chapter.

Chapter 26: The Intellectual Property Concerning Internet and the Information Technology

This chapter is a pilot pedagogy on “Internet Intellectual Property”. It discusses the questions of domain name, integrate circuit layout design and the rights of website and homepage designers. It introduces the related modern legal system and familiarizes the students about consultant know-how at one hand. On the other hand, it demonstrates the substantial influence of Internet era on the intellectual property and civil law system and the significance of cyber law.

Key contents of this chapter include: the concept of domain name; the identification and characters of rights of domain name; the copy right features of domain name; the dispute resolution arrangement in China; the standard of ill faith in defying domain name violation; the relation between Uniform Domain Name Dispute Resolution Policy and judicial litigation; the copy rights contents of integrate circuit layout design and the preconditions to gain such rights; the concept of data base; the copy right relations between data base software designer and website designer; the jurisdiction on Internet intellectual property disputes; the infringement of illegal using of published works and the responsibilities of website designers/owners and Internet service providers.

There are about 22,000 Chinese words in this chapter.

Chapter 28:The International Protection on Intellectual Property

This chapter briefly reviews about twenty international treaties on the arena of intellectual property; among them include the major components of Paris Convention, Berne Convention, Copy Right Treaty of WIPO and TRIPS. The protective system in relation of intellectual property in WIPO and WTO are also introduced. Furthermore, the chapter discusses the international registration of trademark and international protection on copyrights. The reader may want to refer the other chapters that examine the related questions in depth for a better understanding of this chapter. The main provisions of the international treaties and their development process are the key issues of this chapter.

There are about 18,000 Chinese words in this chapter.

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