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Research of the Exception System of International Intellectual Property

Author: DuChunMei
Tutor: WangZhenYu
School: Nanchang University
Course: International Law
Keywords: international intellectual propertyt TRIPs agreement exception
CLC: D923.4
Type: Master's thesis
Year: 2010
Downloads: 57
Quote: 0
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Abstract


In recent years, both domestic and international researchers began considering the new issues of the development of international intellectual property, the existing more and more dispute about international intellectual property, especially of dispute solution of exception system. International intellectual property rights treaties and countries in domestic law also set up a lot of exception clause in protect of intellectual property.The rights of intellectual property can be infinite extensionon the unknowingly, which can lead to users benefit and the social public benefit damaged. Therefore, we should not only set legal system of intellectual property protection while also established the exception system of intellectual property to prevent abuse of intellectual property rights.The study of theory and legislation of the exception intellectual property systems does not deep, cannot be very good through the exception system designed by developed countries now universally advocate the high standards of intellectual property protection, so to evade legal system of intellectual property exception research has important significance.This paper mainly through theoretical analysis and case analysis and explanation of the treaty of intellectual property system is studied, exceptions by Chinese patent rights, copyright, trademark exceptions system analysis found in the current intellectual property exception compared with those in other countries type less, but exception system applicable more stringent, do not accord with the fundamental conditions of our country now. Our country in the formulation of intellectual property system should be in order to realize the exceptions to the interests of the state to achieve the maximum of both the intellectual property rights protection, after all, of protection of intellectual property rights are the ultimate goal or encourage intellectual achievements invention-creation, finally realizes the artistic and cultural and economic fields. Our country in the formulation of intellectual property exception to actively borrowing system of foreign successful experience in legislation and comprehensive consideration of the situation of our country, the system of intellectual property exceptions related contents modified.

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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights
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