书籍详情
中国知识产权：英文版
作者：曲三强著
出版社：外文出版社
出版时间：2002-01-01
ISBN：9787119029313
定价：¥60.00
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内容简介
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 essentialelements of copyright law. A particular attention has been given to the difficulties of conceptualizing liabilityfor 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.
目录
Preface
Introduction
Chapter One Historical Development of Copyright Law in China
1. Introduction
2. A Question of indigenous Copyright Protection in Feudal China
2.1. Economic Reasons
2.2. Traditional Culture
2.3. Purpose and Conditions of Education
2.4. Political Culture
3. A Tortuous Road: Development of Copyright Protection in China
3.1. Increasing Western Pressure
3.2. Late Qing Efforts to Protect Copyrights
3.3. The KMT Attempt to Create a Copyright System
3.4. The Communist Approach to Law and Social Control
3.5. The Development of Copyright Protection in the PRC
3.6. Law Reform in the 1980s: a Part of the Global Struggle over Copyright Protection
4. Concluding Remarks
Chapter Two The Rationale of Socialist Copyright
1. Introduction
2. The Notion of Copyright in Western Legal Literature
3. General Notion of Copyright in Socialist Countries
4. The Conception of Copyright in Socialist China
4.1. The Situation Prior to the Economic Reform
4.2. The Situation Since the Copyright Law 1990
5. The Nature and Characteristics of the Chinese Conception of Copyright
5.1. Dualism of Copyright
5.2. Moral Condemns and Economic Emphasis
6. Concluding Remarks
Chapter Three Objects of Copyright and Their Lurutations
1. Introduction
2. Objects of Copyright: An Incomplete Notion in Chinese Law
2.1. Concept of Copyright Work
2.2. Qualification Requirement for Copyright Works
3. More Limitations to Copyright: A Copyright Law with a Socialist Colour?
3.1. Fair Dealing as a Legal Limitation to Copyrights
3.2. Exhaustion of Copyright.
4. Control over Copyrights for Political and Social Considerations
4.1. Debates on the Legal Nature of Banned Works
4.2. Copyrightability of the Work Created by a Person Deprived of Political Rights
5. Concluding Remarks
Chapter Four Authorship and Copyright
1. Introduction
2. Authorship and Copyright in Chinese Law: A Mixed Conception
2.1 The General Notion of Authorship in Western Jurisprudence
2.2. Notion of Author ship and Copyright in Chinese Law
3. Special Relationships Concerning Authorship and Copyright
3.1. Employee/Employer Relation ship: An lntersection of Authorship and Copyright
3.2. The Commission Relationship: Predetermination of Authorship and Copyright
3.3. Co-authored Relationship: A Conceptual Extension of lndividual Creation
4. Transferring Copyright
5. Concluding Remarks
Chapter Five Mental State of the Infringer in Attribution of Liability
1. Introduction
2. Doctrine of Fault Liability as a Traditional Concept
2.1. History of Development of the Doctrine of Fault Liability
……
Chapter Six Civil and Administrative Liabilities for Infringement of Copyright
Chapter Seven Infringements of Copyright in Computer Software and Their Liability
Chapter Eight Criminal Liability for Copyright Infringement
Chapter Nine Facing Up WTO:China Is Changing Its Law with International Standard
Chapter Ten Conclusion and Future Prospects
Introduction
Chapter One Historical Development of Copyright Law in China
1. Introduction
2. A Question of indigenous Copyright Protection in Feudal China
2.1. Economic Reasons
2.2. Traditional Culture
2.3. Purpose and Conditions of Education
2.4. Political Culture
3. A Tortuous Road: Development of Copyright Protection in China
3.1. Increasing Western Pressure
3.2. Late Qing Efforts to Protect Copyrights
3.3. The KMT Attempt to Create a Copyright System
3.4. The Communist Approach to Law and Social Control
3.5. The Development of Copyright Protection in the PRC
3.6. Law Reform in the 1980s: a Part of the Global Struggle over Copyright Protection
4. Concluding Remarks
Chapter Two The Rationale of Socialist Copyright
1. Introduction
2. The Notion of Copyright in Western Legal Literature
3. General Notion of Copyright in Socialist Countries
4. The Conception of Copyright in Socialist China
4.1. The Situation Prior to the Economic Reform
4.2. The Situation Since the Copyright Law 1990
5. The Nature and Characteristics of the Chinese Conception of Copyright
5.1. Dualism of Copyright
5.2. Moral Condemns and Economic Emphasis
6. Concluding Remarks
Chapter Three Objects of Copyright and Their Lurutations
1. Introduction
2. Objects of Copyright: An Incomplete Notion in Chinese Law
2.1. Concept of Copyright Work
2.2. Qualification Requirement for Copyright Works
3. More Limitations to Copyright: A Copyright Law with a Socialist Colour?
3.1. Fair Dealing as a Legal Limitation to Copyrights
3.2. Exhaustion of Copyright.
4. Control over Copyrights for Political and Social Considerations
4.1. Debates on the Legal Nature of Banned Works
4.2. Copyrightability of the Work Created by a Person Deprived of Political Rights
5. Concluding Remarks
Chapter Four Authorship and Copyright
1. Introduction
2. Authorship and Copyright in Chinese Law: A Mixed Conception
2.1 The General Notion of Authorship in Western Jurisprudence
2.2. Notion of Author ship and Copyright in Chinese Law
3. Special Relationships Concerning Authorship and Copyright
3.1. Employee/Employer Relation ship: An lntersection of Authorship and Copyright
3.2. The Commission Relationship: Predetermination of Authorship and Copyright
3.3. Co-authored Relationship: A Conceptual Extension of lndividual Creation
4. Transferring Copyright
5. Concluding Remarks
Chapter Five Mental State of the Infringer in Attribution of Liability
1. Introduction
2. Doctrine of Fault Liability as a Traditional Concept
2.1. History of Development of the Doctrine of Fault Liability
……
Chapter Six Civil and Administrative Liabilities for Infringement of Copyright
Chapter Seven Infringements of Copyright in Computer Software and Their Liability
Chapter Eight Criminal Liability for Copyright Infringement
Chapter Nine Facing Up WTO:China Is Changing Its Law with International Standard
Chapter Ten Conclusion and Future Prospects
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