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China’s Cultural Industry Development in the Study of Intellectual Property Protection

Author: ZhaoJiaoMei
Tutor: LiuHua
School: Central China Normal University
Course: Civil and Commercial Law
Keywords: Cultural industry Intellectual property rights protection Legal framework
CLC: G124
Type: Master's thesis
Year: 2009
Downloads: 686
Quote: 1
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Abstract


there is a close connection between All aspects of cultural industries and intellectual property rights, Intellectual property rights are the basis of the cultural industries . Therefore, the development of cultural industries need to establish a more comprehensive intellectual property protection system. In the knowledge-based economy, cultural industries as an emerging industry, its development is more closely dependent on the need for protection of intellectual property rights. The core issues of cultural industries development are related to the reliance and usage of the intellectual property system. The intellectual property system is one of the basic legal environment of the culture industry. With the continuous development and progress in science and technology, The new legal gaps in the development of the culture industry continuously come into being, Therefore, our government should make and Amendment laws timely to maintain fair competitive environment. The health and orderly sustainable development of the culture industry needs the effective intervention of the intellectual property system. In this paper, the development of China’s cultural industry issues related to intellectual property protection was studied.The article is made up of introduction and three parts, T heimportance of intellectual property protection In the process of the development of cultural industries is explained in the introduction. The first part is the cultural industry study of the intellectual property perspective. First of all, the connotation of cultural industries is analyzed, and then from its connotation the close contact between cultural industries and intellectual property is analyzed. On this basis, The types of intellectual Property in the field of cultural industries are divided into the Rights to Creative Results and The right to identify markers . the Rights to Creative Results include copyright ,neighboring rights ,patent rights and Protection of Undisclosed Information. the Right to Identify Markers includes Trademark and Geographical Indications. And the theory and successful practice in the international intellectual property protection of cultural industries are carried out a detailed exposition. The second part is divided into three aspects of intellectual property protection of our cultural industries the current situation and problems visit. The article first discusses the development of cultural industries in our country on the status of copyright protection and copyright protection in which the question of the existence of intellectual property protection, To achieve the WTO’s "trade-related intellectual property rights agreements", China and completed in 2001 with amendments to the cultural industry is most closely related to the "Copyright Law", this change to further improve protection of intellectual property rights of China’s level. However, there are also the development of cultural industries in the legal gaps in copyright protection.The second discusses the status of cultural products and the existence of trademark protection of intellectual property rights, China’s "Trademark Law" for the cultural products of the registered trade mark infringement relief protection have been clearly defined, but for the cultural products of the registered trademark of serious , resulting in cultural industries in the area of the huge losses of intangible assets.The final details of the protection of geographical indications of cultural products and the existence of the status quo of intellectual property protection, TRIPS agreement on the protection of geographical indications provided a clear, TRIPS Agreement article 22, first paragraph: "This agreement marks the following Department of Geographical Indications : the marking of a certain commodity from a member or from the territory of a certain geographical area or a place, the quality of the goods certain reputation or other characteristics, mainly related with the geographical origin. "Geographical indications are natural factors and Humanities product of factors, have a deep history and culture, which in the historical and cultural heritage have a special role, and the current protection for geographical indications in the chaos. Discussed in detail in Part III of China’s cultural industry for the protection of intellectual property legal advice.

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CLC: > Culture, science,education, sports > The world culture and culture > China > Cultural industries, cultural market
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