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丛 书 名:
著 译 者:《中国知识产权保护手册》编委会 编著
出版日期:2008-03-01 ISBN:9787802470033
出 版 社:知识产权出版社
页    数: 字 数:
市 场 价: ¥68.00
Table of Contents
Publishers Notes
National Intellectual Property Starategy Outline
Chapter 1 Overview
Section 1 The Meaning of Intellectual Property
Section 2 Situation of Chinas IP Protection
Ⅰ. Legal situation
Ⅱ. Working system and law enforcement mechanism
Ⅲ. Integration of administrative oranges for law enforcement and the criminal and judicial organs for law enforcement
Ⅳ. IP communication and popularization
Ⅴ. Making positive efforts to perform international obligations to protect IP
Ⅵ. Significant achievements in IP protection Section 3 Compilation of the State IPR Strategy
Ⅰ. The background for the compilation of the state IPR strategy
Ⅱ. Goals and major contents of the work on formulating the state IPR strategy
Ⅲ. Progress of the work on formulating the state IPR strategy
Ⅱ China IP Protection Handbook
Ⅳ. Implementation of the work on formulating the state IPR strategy

Chapter 2 Protection of patents
Section 1 How to obtain a patent right?
Ⅰ. Characteristics of patent right
Ⅱ. 0bject of patent right
Ⅲ. Flowchart of patent application and examination
Ⅳ. Patent right application
Ⅴ. Patent receiving
Ⅵ. Examination and approval of patent right
Ⅶ. Effect of patent right
Ⅷ. PCT international application

Section 2 How to Ratty Patent-related Illegal Actions?
Ⅰ. Scope of patent right protection
Ⅱ. Patent-related iUegal actions
Ⅲ. Legal liability for patent-related illegal actions

Section 3 How a patentee maintains his or its legitimate rights?
Ⅰ. Ways for a patentee to maintain rights through judicial litigation
Ⅱ. Administrative channels for a patentee to maintain rights through
Ⅲ. Customs protection

Chapter 3 Protection of trademark right
Section I How to obtain trademark right?
Ⅰ. Noticefor trademark registration application
Ⅱ. Trademark registration procedures
Ⅲ. Effectiveness of trademark right

Section 2 How to determine infringement acts?
Ⅰ.What is the fight of exclusive use of the trademark
Ⅱ.Acts deemed as an infringement of the exclusive right to
use a registered trademark
Ⅲ.Which legal respOnsibilities shall be undertaken for an
infringement of the exclusive fight to use a registered

Section 3 How to protect the exclusive right to use
a registered trademark
Ⅰ.Administrative protection
Ⅱ.Judicial protection
Ⅲ.Administrative proceedings against trademark infringements
Ⅳ.Protection of customs
Ⅴ.Special protections to well-known trademarks
Ⅵ.Geographical identification

Chapter 4 Protection of copyright
Section 1 Automatic production of copyright
Ⅰ.The copyright will be automatically created
Ⅱ.Registration of copyright

Section 2 How to determine infringement acts
Ⅰ.Works out of the protection scope of the Copyright Law
Ⅱ.Infringement acts

Section 3 How to maintain the copyright
Ⅰ.The copyright owner or copyright-related fight owners
right exercise modes
Ⅱ.Arbitration mediation
Ⅲ.Arbitration mediation and reconciliation made by interested parties themselves
Ⅳ.Administrative regulation
Ⅴ.Judiclal Protection
Ⅵ.Customs protection

Chapter 5 New variety of plant protection
Section 1 Definition and scope
Ⅰ.Whats new variety of plant
Ⅱ.Whats new vafiety of plant protection
Ⅲ.Exceptions for new variety of plant Protection

Section 2 How to obtain the new variety of plant right
Ⅰ.Protection conditions
Ⅱ.Protection application

Section 3 How to affirm the right infringement
Ⅰ.Infringement of the new variety of plant right
Ⅱ.Corresponding responsibilities for the infringement of new
variety of plant right

Section 4 How to safeguard the new variety of plant right
Ⅰ.Administrative regulation
Ⅱ.Judicial protection

Chapter 6 Integrate circuit Layout Design protection
Section 1 How to decide the proprietary of IC Layout Design
Ⅰ.Whats IC Layout Design
Ⅱ.Terms and conditions for IC Layout Design to be protected
Ⅲ.Right obtaining modes
Ⅳ.Application and registration procedure

Section 2 How to coguize infringement
Ⅰ.The design main body of IC Layout Design
Ⅱ.Right infringement mainly showed in the following cases:
Ⅲ.Legal responsibility for fight infringement

Section 3 How to protect IC Layout Design right
Chapter 7 Unfair competition
Chapter 8 Customs protection
Chapter 9 Protection of other intellectual properties
Chapter 10 Appendix
  The Handbook covers a wide range of contents in patent, trademark, copyright and other traditional Intellectual Property (IP) contents, as well as such IP categories as new varieties of plants, Layout Design of integrated circuit, and geographical indications. It gives detailed and comprehensive introduction in view of the specific issues including the acquisition, application, and protection of various rights.In particular, it provides lots of practical information. Individuals or enterprises in China, or foreign individuals or enterprises that hope to obtain IP protection in China, can find the information they want in the Handbook——administrative regulation, judicial protection, customs protection, and many other contents.
In the process of the rising of knowledge economy and the economic globalization,international competition is becoming increasingly fierce,and the national core competitiveness lies in the capacity to foster,allocate and regulate intellectual innovation achievements and Intellectual Propertv (IP) resources.The practice of international socioeconomic development has exhibited explicitly that the competition in the future of the world is the competition of IP.
  The 11 th Five-Year Plan Outline,adopted at the 4th Session of the 10th NPC,proposed explicitly the strategy goal of building China into all innovative country.In the Outline,the increase of independent innovation capacity is taken as the strategic basis for the development of science and technology,and the center for the adjustment of industrial structure and the transformation of growth pattern.Efforts shall be made to improve original innovation capability,integration and innovation capability, and the capability for introduction,absorption,and renovation.As a basic system for encouraging and protecting innovation,and promoting socioeconomic development,IP system is becoming more and more important.
(4) Basically complete the building of the independent,technically advanced,and functionally complete platform for IPR information retrieval and analysis
  (5)Improve the pubic IPR awareness,build healthy IPR culture.andfoster an IPR work team consisting of IPR talents with outstanding calibers.
  (6)Remarkably improve Chinas influence on international IPR affairs,and effectively maintain Chinas economic security,national sovereignty,and other fundamental interests.
  2.Major contents
  The compilation of the state IPR strategy falls into two parts,i.e outlineand special topics.The relationship between the two is that the outlineis based on the special topics,and the special topics are guided by theoutline,and they are interdependent with mutual promotion.The final achievement of the compilation is specified as the Outline forthe State IPR Strategy|hereinafter called the Outline)and the researchreports on various special topics on the state IPR strategy.The Outline is the pandect part of the state IPR strategy.The Outlinespecifies the guideline,basic principle,basic goals,major measures,andkey tasks relevant to the state IPR strategy.Special topics cover five majorcategories,i.e.macro issue concerning the state IPR strategy,major IPRclassifications,building of the laws governing IPR,major managementaspects concerning IPR,and major sectors concerning IPR Research onspecial topics covers such major aspects of IPR as creation,management,implementation,and protection.