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Public System Of Intellectual Property

Posted on:2011-06-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y LvFull Text:PDF
GTID:2189360332455289Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Because of its own characteristics, Intellectual property rights have both similarities and differences in Public system with the public credibility of property rights. This article aims to set up a set of perfect intellectual rights effect demonstration with a combination of the analysis of the systems of Intellectual property rights' achievement alteration, permission and effect of public system with related foreign legislation,so as to maintain the normal order of the achievement of property rights and the transaction market,by simplifying property right's attribution and reducing confliction of property right's alternation, as well as an effective expression of the state of right of property rights in alteration.Besides the introduction and conclusion,this article mainly falls to four parts,namely,the theoretical basis of effective demonstration of property rights,the problems exists in china's property rights'Public system, reference of the foreign legislation and the rebuild of china's property rights public system.The introduction also divides into three parts:firstly,"the brought up of the question "mainly talks about the problems faced by related property rights'public system; secondly, the research methods introduces the methods used in the process of the writing; lastly,the research significance points out the significance of the existence of intellectual rights effect demonstration.The first part firstly analysis the concept and legal features of intellectual property rights, thus bring about that the intangible nature of the intellectual property itself is the premise of the existence of intellectual property rights effect demonstration.Just because the intangible nature of the intellectual property itself, it demands a perceptible method to enable it to be known by the public.Besides, intellectual rights effect demonstration includes both the reflection and the protection of republic rights,and how to strike a balance between public interests and personal interests.Later,it explains the theoretical basis of intellectual rights effect demonstration through the concept of the legalization of it. And lastly,it explains that the significance of the existence of intellectual rights effect demonstration is to declare the condition of rights and that law is just set to meet this goal.In the second part,I analyzed the current condition of China's intellectual rights effect demonstration through an excel, by which we can see clearly that though the current law is strict on intellectual rights effect demonstration,there is still problems exist. Next,I illustrated the differences of demonstration systems in different stages and types,through three parts,namely,the setting alteration and permission of intellectual rights effect demonstration. I also showed the parts that should be improved in the current legislation.The regulations of related foreign legislations introduced in the third part can be great references for resetting of the effect that discussed in the later part of this article. Except from this,I also made an analysis and compare of the current intellectual rights registration and the trademark affirmation system between China and abroad.The fourth part are the suggestions to the above-mentioned drawbacks of some related laws on the basis of the analysis in the second and third part. Those suggestions include the rebuild of patent license contract,the effect of copy rights registration,as well as the alteration of the legislation models of trademark,in which the author clearly showed her attitude to this questions,and her wish to achieve the goal of healthy transaction market of intellectual rights.
Keywords/Search Tags:Intellectual property rights, establishing rights, transfer, permission, the perfection of demonstration system
PDF Full Text Request
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