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Study On Tort Liability Of "Shanzhai" Phenomenon

Posted on:2011-05-09Degree:MasterType:Thesis
Country:ChinaCandidate:Y F SuFull Text:PDF
GTID:2166360305965824Subject:Law
Abstract/Summary:
"SHANZHAI" is definitely the popular words of 2008, one of the thermal term, "SHANZHAI" from the original mobile phone products to the "SHANZHAI" industries of the general flowering, originated from the initial grass-roots culture of "SHANZHAI" to the current reproduction,counterfeit,copy,unique innovations to the current waterfront "SHANZHAI" brand-name free-riding, Many of them should be encouraged to learn from a good place, But with the popularity of "SHANZHAI", a variety of "SHANZHAI" is also the phenomenon of infringement into our field of vision, more seriously, some sudden and "SHANZHAI" areas of the law violations range from the edge, makes the "SHANZHAI" the phenomenon of infringement of the rights protection held accountable and victims of the difficulties of change.In addition to this introduction and conclusion, the majority of the body is divided into fourFirst, from "SHANZHAI" and talk about the root causes, what is meant by "SHANZHAI"? On the one hand induction because it appears to sum up its merits and the positive role of the community, on the other hand by some of the more recent hot spots infringement Analysis of "SHANZHAI" features and manifestations of infringement.Second, the introduction of cases on the current greatest impact on the community of several typical cases of rights violations "SHANZHAI"introduction raises the question:the legal and illegal "SHANZHAI", innovation and infringement, intellectual property law and unfair competition under the rules of the law where to go.Third, from the judicial reference by the above cases from the infringement of trademarks, patents, copyrights, unfair competition and other specific direction of "SHANZHAI" in infringement of intellectual property law and unfair competition law within the framework of nature.Finally, products and "SHANZHAI" analyze the evolution of culture,leads to the "SHANZHAI" the root causes of thephenomenon of frequent violations, and intellectual property law and culture of our country under the rules of leading the "SHANZHAI" to track personal opinion.
Keywords/Search Tags:SHANZHAI phenomenon, Tort, Intellectual property, Unfair Competition
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