, the level of copyright protection in China has been higher in some international treaties and the TRIPS provisions,
air jordan high heels, but does not mean that has fully met the requirements of TRIPS. In the computer software protection, copyright infringement penalties and other aspects of implementation of copyright protection, there are still many problems that we, this, we must learn from foreign experience and successful methods, modify the Copyright Law to make it to international standards.
GATT TRIPS intellectual property protection standards
1991 copyright law in December, the General Agreement on Tariffs and Trade in the multilateral trade negotiations, reached a protection of intellectual property of the formation of new international standards. This paper on China's copyright law with the TRIPS standards relating to copyright protection and the question of amending the Copyright Law to explore research.
one of China's copyright law and the significance of the relationship with the TRIPS
China on June 1, 1991 since the implementation of copyright law, and were joined in 1992, Copyright Convention This shows that China's copyright law copyright protection to foreign works is a high level. After the 1990s, international economic relations and the environment has changed greatly. Intellectual property protection gradually entering international trade, and its importance to national attention. In order to effectively protect intellectual property rights, measures to ensure the exercise of intellectual property rights and the process itself does not constitute an obstacle to legitimate trade [1], developed
country and
Development between countries through the arduous negotiations, in December 1991 reached the China participated in the Uruguay Round negotiations on intellectual property protection, the whole process,
MBTシューズ 販売店, and actively fulfill its international obligations to protect intellectual property rights, efforts to make intellectual property protection closer to the new international standard [2]. TRIPS came into effect, in the field of international intellectual property compliance by States parties. As the GATT Uruguay Round of international trade to intellectual property into
system , which In addition, since TRIPS level of protection far beyond the scope of any existing international conventions, even after China GATT must also comply with the provisions of TRIPS. Therefore, the analysis of TRIPS content and features of our copyright legislation and
Justice has a very important reference.
two TRIPS relating to copyright-protected content analysis
TRIPS and in most of the international protection of industrial property rights, including Speaking of Only six elements of international protection.
and the the relationship between the GATT and the Berne Convention: Berne Convention, the Parties shall comply with the 1971 text of Article 1 to 21 and appendices to the Convention; but Article 6 of the Berne Convention,
vibram five fingers outlet, or for 2 of the extension from which the right Parties should be exempt under this Agreement and the rights or obligations. Visible, TRIPS has stressed that the existing principles under the Convention on coordination; and reaffirms the recognition of the GATT, but also to the relevant international conventions, international protection of intellectual property rights recognized by the two major principles to be followed & mdash ; - the principle of national treatment and MFN principles; on the one hand but also provides for exclusion: Article 6 of the Berne Convention, the two provisions on moral rights are not binding, the Parties may assumes no obligations.
computer programs and data compilation
protection of computer programs as literary works; compilation of data or other materials, as long as the selection or arrangement of their contents constitute intellectual creations shall be protected as a compilation of works written. Without prejudice to the data or material itself has the copyright.
States rental rights should be recognized at least computer programs and cinematographic works the right to rent the existence of economic rights, that the author of the work or the right to authorize or prohibit the legal successor of their copyrighted works or copies of original rental to the public.
For films, Member States may assume the obligation to grant rental rights. Unless a member of the exclusive right of reproduction of domestic law because the country does not recognize the right to rent and damage.
For computer programs, if the program itself is not the main subject of the lease, the rental rights in member states of the program can also be recognized.
protection in addition to photographic works or works of applied art, the term of protection if their works are not by natural lifetime terms, the protection period of not less than published under license from the year-end 50 years. Since the completion of 50 years if the work permit is not published, the protection works completed not less than 50 years from the year-end.
limitations and exceptions to exclusive rights of all members shall be limited to certain limitations or exceptions under special circumstances. Limitations of domestic law with the work shall not conflict with normal use, should not unreasonably prejudice the legitimate rights of the profit
interests .
for performers, sound recordings and broadcasting organizations protected by
performers the right to prohibit the recording and reproduction of fixations of their performances, the right to prohibit the live broadcast of a variety of ways.
producers of sound recordings have the right to prohibit reproduction of their phonograms, the right to permit or prohibit the commercial rental of their recordings. However, if the GATT member countries, in their domestic law provides for free has been a reasonable rental fee system, which is recorded without compromising the enjoyment of the recognize phonograms enjoy the right to rent.
broadcasting organizations the right to prohibit the recording,
Beats By Dre Studio, reproduction, retransmission of its broadcast.
performers and producers of sound recordings of the protection period of not less than from the performance took place, recording the occurrence or the performance recorded,
Beats By Dre Headphones, the performances or recordings to be broadcast since the end of the year of 50 years. To provide for the protection of broadcasting organizations should be broadcast from the radio 20 years since the end of year [4].
can be seen from above, in the TRIPS Agreement has high standards for copyright protection features of a high level of protection, in many ways than the In addition, TRIPS also provides for the implementation of intellectual property protection program, which includes civil,
Chief ,
Criminal and border procedures, and temporary measures, to effectively stop the infringement; TRIPS also increase in the provisions of the dispute settlement mechanism, which allows parties with the cross of the And there was no such existing conventions of an effective dispute settlement mechanism. TRIPS does not give special treatment to developing countries, provided only 5-10 years of transition, and for developing countries to reach agreement during the transitional period of intellectual property protection standards.
TAG Tag: TRIPS and talk about China's copyright law into line with changes
On China's copyright law into line with the TRIPS
on China's copyright law into line with the TRIPS
- and talk about changes to the Copyright Law
Wanglian Feng Wang Lianfeng, female, January 1964 Health, Zhengzhou University
Law School lecturer.
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