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Intellectual Property In The People's Republic Of China
Intellectual property rights (IPRs) have been acknowledged and protected in China since the 1980s. China has acceded to the major international conventions on protection of rights to intellectual property. Domestically, protection of intellectual property law has also been established by government legislation, administrative regulations, and decrees in the areas of trademark, copyright, and patent. This has led to the creation of a comprehensive legal framework to protect both local and foreign intellectual property. Despite this, copyright violations are extremely common in the PRC. The American Chamber of Commerce in China surveyed over 500 of its members doing business in China regarding IPR for its ''2016 China Business Climate Survey Report'', and found that IPR enforcement is improving, but significant challenges still remain. The results show that the laws in place exceed their actual enforcement, with patent protection receiving the highest approval rate, while prote ...
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Piracy
Piracy is an act of robbery or criminal violence by ship or boat-borne attackers upon another ship or a coastal area, typically with the goal of stealing cargo and other valuable goods. Those who conduct acts of piracy are called pirates, vessels used for piracy are pirate ships. The earliest documented instances of piracy were in the 14th century BC, when the Sea Peoples, a group of ocean raiders, attacked the ships of the Aegean and Mediterranean civilisations. Narrow channels which funnel shipping into predictable routes have long created opportunities for piracy, as well as for privateering and commerce raiding. Historic examples include the waters of Gibraltar, the Strait of Malacca, Madagascar, the Gulf of Aden, and the English Channel, whose geographic structures facilitated pirate attacks. The term ''piracy'' generally refers to maritime piracy, although the term has been generalized to refer to acts committed on land, in the air, on computer networks, and (in scienc ...
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State Council Of The People's Republic Of China
The State Council, constitutionally synonymous with the Central People's Government since 1954 (particularly in relation to local governments), is the chief administrative authority of the People's Republic of China. It is chaired by the premier and includes each cabinet-level executive department's executive chief. Currently, the council has 35 members: the premier, one executive vice premier, three other vice premiers, five state councilors (of whom three are also ministers and one is also the secretary-general), and 26 in charge of the Council's constituent departments. The State Council directly oversees provincial-level People's Governments, and in practice maintains membership with the top levels of the CCP. Aside from very few non-CCP ministers, members of the State Council are also members of the CCP's Central Committee. Organization The State Council meets every six months. Between meetings it is guided by a (Executive Meeting) that meets weekly. The standing ...
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Baidu
Baidu, Inc. ( ; , meaning "hundred times") is a Chinese multinational technology company specializing in Internet-related services and products and artificial intelligence (AI), headquartered in Beijing's Haidian District. It is one of the largest AI and Internet companies in the world. The holding company of the group is incorporated in the Cayman Islands. Baidu was incorporated in January 2000 by Robin Li and Eric Xu. The Baidu search engine is currently the sixth largest website in the Alexa Internet rankings. Baidu has origins in RankDex, an earlier search engine developed by Robin Li in 1996, before he founded Baidu in 2000. Baidu offers various services, including a Chinese search engine, as well as a mapping service called Baidu Maps. Baidu offers about 57 search and community services, such as Baidu Baike (an online encyclopedia), Baidu Wangpan (a cloud storage service), and Baidu Tieba (a keyword-based discussion forum). Baidu Global Business Unit (GBU) is respon ...
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Beijing Intellectual Property Court
The Beijing Intellectual Property Court () is a Court of special jurisdiction in the People's Republic of China, which handles: "first-instance IP civil or administrative cases with professional features involving patents, new varieties of plants, layout design of integrated circuit, know-how and so on." There are similar courts based in Shanghai and Guangzhou. History The Beijing IP Court was created at the same time as other courts in China by way of the Decision of the Standing Committee of the National People’s Congress on the Establishment of IP Courts in Beijing, Shanghai and Guangzhou, which was adopted at the 10th session of the 12th Standing Committee of the National People's Congress on 31 August 2014. The Beijing IP Court closed 5,432 cases in 2015 and 8,111 cases in 2016. Functions The Beijing IP court generally has the same functions as the other intermediate IP courts, which include: #Adjudicating over intellectual property infringement disputes. #Complex dispu ...
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Intellectual Property High Court
The Intellectual Property High Court (, ''Chiteki-zaisan kōtō-saiban-sho''), sometimes abbreviated IPHC, is a special branch of Tokyo High Court in the judicial system of Japan. It is based in Kasumigaseki, a district in Chiyoda Ward in Tokyo, Japan. The Intellectual Property (IP) High Court was established on 1 April 2005,IP High Court web site''History'', consulted on 12 January 2008. in order to accelerate and reduce the costs of patent litigation in Japan. The IP High Court hears appeals from district courts in Japan on patent actions and suits against appeal/trial decisions made by the Japan Patent Office (JPO).The IP High Court is also the exclusive court of appeals on issues such as: the rights of authors of a computer program, utility model rights, and integrated circuit layout design protection. References Further reading * Katsumi Shinohara''Outline of the Intellectual Property High Court of Japan'' AIPPI The International Association for the Protection of Int ...
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State Intellectual Property Office
The China National Intellectual Property Administration (CNIPA; ), also known as the Chinese Patent Office, is the patent office of the People's Republic of China (PRC). It was founded in 1980 as the Patent Office of the People's Republic of China, before changing its name to "State Intellectual Property Office" (SIPO), then to "National Intellectual Property Administration", and then to "China National Intellectual Property Administration". It is responsible, in its own words, "for patent work and comprehensively coordination of the foreign related affairs in the field of intellectual property".http://www.sipo.gov.cn ''Responsibilities of the State Intellectual Property Office of the People's Republic of China (SIPO)'', 2002-04-27. Consulted on April 26, 2007. See also * Baidu Patents * Intellectual property in the People's Republic of China * First Sino-American Forum of Intellectual Property Rights References External links * * *''English search functions on the ...
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Copyright Registration
The purpose of copyright registration is to place on record a verifiable account of the date and content of the work in question, so that in the event of a legal claim, or case of infringement or plagiarism, the copyright owner can produce a copy of the work from an official government source. Before 1978, in the United States, federal copyright was generally secured by the act of publication with notice of copyright or by registration of an unpublished work. This has now been largely superseded by international conventions, principally the Berne Convention, which provide rights harmonized at an international level without a requirement for national registration. However, the U.S. still provides legal advantages for registering works of U.S. origin. For example, a registration is required before an infringement suit may be filed in a US court and registration is required for claiming statutory damages in most cases. Requirement of registration It is a common misconception to c ...
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Universal Copyright Convention
The Universal Copyright Convention (UCC), adopted in Geneva, Switzerland, in 1952, is one of the two principal international conventions protecting copyright; the other is the Berne Convention. The UCC was developed by the United Nations Educational, Scientific and Cultural Organization (UNESCO) as an alternative to the Berne Convention for those states that disagreed with aspects of the Berne Convention but still wished to participate in some form of multilateral copyright protection. These states included developing countries as well as the United States and most of Latin America. The developing countries thought that the strong copyright protections granted by the Berne Convention overly benefited Western, developed, copyright-exporting nations; whereas the United States and Latin America were already members of the Buenos Aires Convention, a Pan-American copyright convention that was weaker than the Berne Convention. The Berne Convention states also became party to the UCC, s ...
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Copyright Law In Japan
consist of two parts: "Author's Rights" and "Neighbouring Rights". As such, "copyright" is a convenient collective term rather than a single concept in Japan. Japan was a party to the original Berne convention in 1899, so its copyright law is in sync with most international regulations. The 1899 law protected copyrighted works for 30 years after the author's death. Law changes promulgated in 1970 extended the duration to 50 years (or 50 years after publication for unknown authors and corporations). However, in 2004 Japan further extended the copyright term to 70 years for cinematographic works. At the end of 2018, as a result of the Trans-Pacific Partnership negotiations and a requirement stemming from the EU–Japan Economic Partnership Agreement., the 70 year term was applied to all works. This new term was not applied retroactively; works that had entered the public domain between 1999 and 29 December 2018 (inclusive) due to expiration remained in the public domain. English tran ...
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Republic Of China (1912–1949)
The Republic of China (ROC), between 1912 and 1949, was a sovereign state recognised as the official designation of China when it was based on Mainland China, prior to the relocation of its central government to Taiwan as a result of the Chinese Civil War. At a population of 541 million in 1949, it was the world's most populous country. Covering , it consisted of 35 provinces, 1 special administrative region, 2 regions, 12 special municipalities, 14 leagues, and 4 special banners. The People's Republic of China (PRC), which rules mainland China today, considers ROC as a country that ceased to exist since 1949; thus, the history of ROC before 1949 is often referred to as Republican Era () of China. The ROC, now based in Taiwan, today considers itself a continuation of the country, thus calling the period of its mainland governance as the Mainland Period () of the Republic of China in Taiwan. The Republic was declared on 1 January 1912 after the Xinhai Revolution, wh ...
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