国际商法(英文版)Lecture 9
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1. Definition of “work” under Copyright Law of the People’s Republic of China
2. Unlike patents or trademarks, copyright arises automatically upon the creation of work, and there is no registration process.
Βιβλιοθήκη Baidu
I. Fundamentals of Intellectual Property
Patents are "a statutory privilege granted by the government to inventors, and to others deriving their rights from the inventor, for a fixed period of years, to exclude other persons from manufacturing, using or selling a patented product or from utilizing a patented method or process."
Moral rights are not recognized in the copyright laws of the common law legal system
Duration of copyrights: Life of author + 50 years (minimum according to TRIPS)
Copyrights belong to the authors of any work that can be fixed in a tangible medium for the purpose of communication, such as literary, dramatic, musical or artistic works; sound recordings; films; radio and television broadcasts; and computer programs.
I. Fundamentals of Intellectual Property
Four main types of Intellectual Property
Patents Trademarks Copyrights Trade Secrets
I. Fundamentals of Intellectual Property
To understand “Patents” Duration of patents:
Chapter 9
International Transfer of Intellectual property
I. Fundamentals of Intellectual Property
What is Intellectual Property?
Intellectual property refers to creation of the human mind, and in essence, useful information or knowledge including inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.
I. Fundamentals of Intellectual Property
Three basic moral rights are: (1) the right to object to distortion, mutilation or modification, (2) the right to be recognized as the author, and (3) the right to control public access to the work.
Types of Intellectual Property
Intellectual property is traditionally divided into “industrial property” and “copyright”
Industrial Property – Patents, Trademarks, Industrial Designs, Geographical Indications Copyright - Copyright, Rights Related to Copyright, Collective Management of Copyright
I. Fundamentals of Intellectual Property
3. Theoretically a copyright is classified into pecuniary rights and moral rights. "pecuniary rights" allow an author to exploit a work for economic gain. In particular, this includes the right to reproduce the work, the right to distribute the work, and (depending on the nature of the work) the right of public performance. “moral right” is an author's personal rights to keep others from tampering with his works.
2. Unlike patents or trademarks, copyright arises automatically upon the creation of work, and there is no registration process.
Βιβλιοθήκη Baidu
I. Fundamentals of Intellectual Property
Patents are "a statutory privilege granted by the government to inventors, and to others deriving their rights from the inventor, for a fixed period of years, to exclude other persons from manufacturing, using or selling a patented product or from utilizing a patented method or process."
Moral rights are not recognized in the copyright laws of the common law legal system
Duration of copyrights: Life of author + 50 years (minimum according to TRIPS)
Copyrights belong to the authors of any work that can be fixed in a tangible medium for the purpose of communication, such as literary, dramatic, musical or artistic works; sound recordings; films; radio and television broadcasts; and computer programs.
I. Fundamentals of Intellectual Property
Four main types of Intellectual Property
Patents Trademarks Copyrights Trade Secrets
I. Fundamentals of Intellectual Property
To understand “Patents” Duration of patents:
Chapter 9
International Transfer of Intellectual property
I. Fundamentals of Intellectual Property
What is Intellectual Property?
Intellectual property refers to creation of the human mind, and in essence, useful information or knowledge including inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.
I. Fundamentals of Intellectual Property
Three basic moral rights are: (1) the right to object to distortion, mutilation or modification, (2) the right to be recognized as the author, and (3) the right to control public access to the work.
Types of Intellectual Property
Intellectual property is traditionally divided into “industrial property” and “copyright”
Industrial Property – Patents, Trademarks, Industrial Designs, Geographical Indications Copyright - Copyright, Rights Related to Copyright, Collective Management of Copyright
I. Fundamentals of Intellectual Property
3. Theoretically a copyright is classified into pecuniary rights and moral rights. "pecuniary rights" allow an author to exploit a work for economic gain. In particular, this includes the right to reproduce the work, the right to distribute the work, and (depending on the nature of the work) the right of public performance. “moral right” is an author's personal rights to keep others from tampering with his works.