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On Claim of Intellectual Property

Author: WanBing
Tutor: QiAiMin
School: Chongqing University
Course: Civil and Commercial Law
Keywords: Intellectual Property Claim of Intellectual Property Claim of Real Right
CLC: D913
Type: Master's thesis
Year: 2009
Downloads: 133
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Abstract

The claim of intellectual property is a right of relief produced when intellectual property is violated. The nature that both intellectual property and real right belong to absolute right decided their consistency on the institutional structure of claim on absolute right. The claim of intellectual property is a reflection of necessary legal validity owed to absoluteness and monopoly of intellectual property. The definition of claim of intellectual property has brought meaning here as it formed the institutional basis of private law protection of intellectual property with claim of credit. Although claim of intellectual property has attracted some scholars’attention, the study on this field has just been put at a starting point while there are no deep, concrete and unified realizations to it. Due to lag in study on claim of absolute rights and undistributed quality of Tort Law caused by the confusion of civil liability institution, intellectual property law in china doesn’t establish institution of claim of intellectual property. This thesis has made some discussion on basic categories the claim of intellectual property involved, trying to make some theoretical references to institutional establishment of claim of intellectual property in china.There are four parts to discourse upon the claim of intellectual property.The first part has systematically demonstrated theoretical basis of the claim of intellectual property according to developing history of claim rights and law protection institution of private law. This part has also made some comparative legislative analysis of claim of intellectual property, summarized legislative practices and experiences of other countries and organizations, in order to clear the realistic basis of claim of intellectual property and make a objective analysis on reasons of establishment of claim of intellectual property by comparing intellectual property and real right.The second part has given out the definition and qualities as well as concrete coverage of claim of intellectual property through comparative analysis of claim of intellectual property and claim of real right.The third part mainly analyzed the practical exercise of claim of intellectual property, including the subject, object, condition and results of its practice. It also demonstrated the reflection of claim right of intellectual property in the judicial practice at a closer range. It has important meanings in thorough understanding and the research on claim of intellectual property and will promotes the judicial application of claim of intellectual property.The forth part analyzed the essential significance of law institution of claim of intellectual property, concluded that there no real law institution of claim of intellectual property in china at present through exposition of correlative clauses in civil law and l intellectual property law in our country. In the meanwhile, this thesis has made some suggestions on constructing a law institution of claim of intellectual property, putting out directive principles of its establishment and a series of legislative advices, and discoursed that there should be concrete categories of claim of intellectual property in law such as the claim of stopping infringement, the claim of preventing infringement, the claim of abandoning infringing goods, the claim of getting information and so on.

On Claim of Intellectual Property

Abstract

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