中国知识产权

出版时间：2002-2  出版社：外文出版社  作者：曲三强  页数：353  
Tag标签：无  

内容概要

　　This book brings a general conception towards copyright in China with a thorough study. As well as providing the necessary context for under standing the law， the author worked systematically through the essential　　elements of copyright law. A particular attention has been given to the difficulties of conceptualizing liability　　for infringement of copyright and of relating that crucial， practical aspect of copyright law to the general principles of liability in Chinese law. With the urgency given to compliance by China's international obligations， it is doubtless that readers will find the book both interesting and valuable for an understanding of current Chinese copyright law and its development.

作者简介

　　Mr. Sanqiang Qu is now working at Law School of Beijing University of the PRC. He graduated and obtained his first degree from Beijing University in 1982. Six years later， he got his master degree of law from the same university. He went to Australia as a scholar in 1995， and obtained Ph，D. in 2000. For more than ten years of educational career in the field of law， his research involves many subjects such as jurisprudence， Iegal theory， criminal law and intellectual property law. His publications include many books such as Economic Criminology Law， Criminology and several dozens of thesis， essays and book reviews.

书籍目录

PrefaceIntroductionChapter One Historical Development of Copyright Law in China1. Introduction2. A Question of indigenous Copyright Protection in Feudal China2.1. Economic Reasons2.2. Traditional Culture2.3. Purpose and Conditions of Education2.4. Political Culture3. A Tortuous Road: Development of Copyright Protection in China3.1. Increasing Western Pressure3.2. Late Qing Efforts to Protect Copyrights3.3. The KMT Attempt to Create a Copyright System3.4. The Communist Approach to Law and Social Control3.5. The Development of Copyright Protection in the PRC3.6. Law Reform in the 1980s: a Part of the Global Struggle over Copyright Protection4. Concluding RemarksChapter Two The Rationale of Socialist Copyright1. Introduction2. The Notion of Copyright in Western Legal Literature3. General Notion of Copyright in Socialist Countries4. The Conception of Copyright in Socialist China4.1. The Situation Prior to the Economic Reform4.2. The Situation Since the Copyright Law 19905. The Nature and Characteristics of the Chinese Conception of Copyright5.1. Dualism of Copyright5.2. Moral Condemns and Economic Emphasis6. Concluding RemarksChapter Three Objects of Copyright and Their Lurutations1. Introduction2. Objects of Copyright: An Incomplete Notion in Chinese Law2.1. Concept of Copyright Work2.2. Qualification Requirement for Copyright Works3. More Limitations to Copyright: A Copyright Law with a Socialist Colour?3.1. Fair Dealing as a Legal Limitation to Copyrights3.2. Exhaustion of Copyright.4. Control over Copyrights for Political and Social Considerations4.1. Debates on the Legal Nature of Banned Works4.2. Copyrightability of the Work Created by a Person Deprived of Political Rights5. Concluding RemarksChapter Four Authorship and Copyright1. Introduction2. Authorship and Copyright in Chinese Law: A Mixed Conception2.1 The General Notion of Authorship in Western Jurisprudence2.2. Notion of Author ship and Copyright in Chinese Law3. Special Relationships Concerning Authorship and Copyright3.1. Employee/Employer Relation ship: An lntersection of Authorship and Copyright3.2. The Commission Relationship: Predetermination of Authorship and Copyright3.3. Co-authored Relationship: A Conceptual Extension of lndividual Creation4. Transferring Copyright5. Concluding RemarksChapter Five Mental State of the Infringer in Attribution of Liability1. Introduction2. Doctrine of Fault Liability as a Traditional Concept2.1. History of Development of the Doctrine of Fault Liability……Chapter Six Civil and Administrative Liabilities for Infringement of CopyrightChapter Seven Infringements of Copyright in Computer Software and Their LiabilityChapter Eight Criminal Liability for Copyright InfringementChapter Nine Facing Up WTO:China Is Changing Its Law with International StandardChapter Ten Conclusion and Future Prospects

章节摘录

　　An important issue raised by this case concerns whether or not "joint and several liability" should be imposed upon Lianbang. However， this question involves consideration of the original question of whether no-fault liability could be applied to cases of in fringement of copyright. In this case， the attitudes of the first instance court and the second instance court with regard to this issue are quite different，According to Article 130 of the GPCL， if an infringement occurred as a result of the acts of more than one person， joint liability would be imposed on all of the responsible parties. The regime of joint liability is an important supplement to the civil law which does not clearly provide whether or not aiding and abetting activities produce civil liability. In theory， the regime of "joint and several liability" is aimed at providing greater protection for the lawful interests of the infringed party. Under this regime， the infringed party may receive compensation from whichever of the in fringing parties has the greatest ability to pay the debt. That means the infringed party has a better chance of obtaining compensation. There is no doubt that the application of "joint and several liability" in this context extends the legal basis of copyright protection.　　On the other hand， 'joint and several liability" also extends the scope of liability for infringement of copyright. For this reason， some people argue that the purpose of "joint and several liability" in law is to provide more safety for the in fringed party， but that it should not thereby be used to punish the infringing party. The regime of "joint and several liability" must Operate under the requirement of maintaining "social justice and fairness".　　……