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Research on the Standard of Identify Copyright Infringement

Author: MengWenLei
Tutor: DengHongGuang
School: Southwest University of Political Science
Course: Legal
Keywords: Copyright Determining infringement Originality Ideological expression dichotomy Infringement defenses
CLC: D923.41
Type: Master's thesis
Year: 2011
Downloads: 113
Quote: 0
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Abstract


How to determine copyright infringement is one of the most important issues of the Copyright Law. China's copyright law are not specifically regulated, judicial practice, there are different points of view. The two main methods of determining copyright infringement \This article to \This paper first part introduces the \The analysis focused on the object of the second section describes the protection of copyright law, copyright laws is the expression of the work without delay and thought \determining the basis of the method. The third part of the law and the \method, that is the first step to see whether the work involved, which could form the sense of copyright law works and is effective during the period of protection, the second step use of ideological expression dichotomy to draw the boundaries of work involved, the expression of ideas, comparing the expression of the work involved; first The three-step analysis of the respondent works in the expression on whether there is similar to the the plaintiff works of substantive copyright law tort defenses. This section also comparative analysis of the new approach is how to compensate for the existing determination method defects. Part IV describes the concept of a defense of copyright infringement, and an important role in determining infringement, and illustrate the tort defenses exist in the field of copyright law in China, and its use of rules. Finally come to the conclusion, that is determined by the use of a new three-step method, draw a the defendant works does not infringe the plaintiff copyright conclusion even Shuxiang case, also hearing the copyright infringement case for our judicial practice provides a new judging ideas. Determining infringement inherent defects, only the combination of the advantages of the use of the existing method of determining originality analysis by determining infringement analysis of the nature of this process, the integrated use of ideological expression dichotomy and substantially similar judgment, in order to get a rational, convincing conclusion.

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