中国知识产权保护的完善与展望——基于权利平衡与科技进步的视角

深入思考知识经济背景下知识产权保护对科技进步的基础性作用有着突出的学理和现实意义。必须在以权利平衡观念为底蕴的法律权利体系之上,在对我国经济社会结构和法律文化深刻理解的共识上,在与国际标准合理结合的基础上,确立适应国情的知识产权基本国策,制定统一的知识产权法典,进一步完善科技法律制度。最后,学界需要采用"知识权"这一上位概念来引领未来的理论发展和法律实践,使知识权成为与社会权一样的普惠性权利。     

科技成果权法律保护之检讨

科技成果是产生知识产权的前提 ,但并非当然形成权利而受到法律保护 ,同时亦非自然取得科技成果权。科技成果权强调的主要是人身权或精神权利 ,与知识产权具有本质区别。科技成果要想获得法律保护 ,只有形成知识产权才能得到法律保护 ,同时应具备一定条件。知识产权与科技成果之间是包含、重叠和交叉但又非全部的关系。     

对知识产权权利限制的法理学思考

一般而言,权利与权利限制共同构成权利体系的统一体,以达到法律上所追求的各种法益的大致平衡,实现法律的价值目标与社会功能。知识产权制度在赋予权利人专有权的同时,也对该权利给予相应的限制。这种限制体现出知识产品权益分配的公平正义观,也表现出知识产品的社会属性,表达了知识产权人的社会责任,协调与平衡了知识产权人的专有权利与公众对知识和信息的利用需求。     

知识产权诉讼博弈

知识产权是一种法律保护的权利,权利包括“权”和“利”两个部分,“权”和“利”是形影不离的两兄弟。知识产权诉讼起因多是为了维权,而在实践中大部分知识产权权利人往往是冲冠一怒为了打击侵权愤而提起诉讼,但是最终的结果常常只是维了“权”,却没,“利”,也就是经济利益得不到保障,常人所说“赢了官司,丢了金钱”,这个说法在知识产权诉讼中表现得尤为明显。为什么会这样呢？我们又怎样才能在知识产权诉讼中既维“权”,又得“利”呢？本文试从博弈的角度来进行分析。     

论知识产权的私权属性与公权规制

私权性是知识产权的基本属性,是知识产权与所有权具有的共有属性,知识产权又与传统的财产权相区别而存在。作为知识财产私有的权利形态,不仅得到法律的严格保护,也受到法律的必要限制,这是知识产权的立法宗旨所决定的,并通过法律平衡与调整的制度设计而完成。公权规制没有也不应该改变知识产权的私权属性。     

现行知识产权制度体系保护中医药知识的局限性及出路

中医药的保护是多方位、全方面的，而对其知识层面的保护是其进步和发展的关键因素之一。现行知识产权制度体系囿于其特性不能高度契合于我国中医药知识保护。对此，一方面要充分利用现行知识产权制度以发挥其在保护中医药知识层面的最大效用，另一方面要善于发掘知识产权在中医药知识保护领域的上位权利及关联性权利的保护效用，借鉴他国传统医药知识保护的优良经验，方能为我国中医药知识的保护寻得更为广阔的法律制度空间。     

信息产权的法律分析

信息的大量生成和传播必然带来一系列的法律问题。通过对几种以信息为客体的权利，包括知识产权、隐私权和知情权的具体分析，说明信息产权和信息权这两个不同的概念。     

权利限制，论知识产权对图书馆权利的适应

知识产权法是权利人私权与社会公众利益间的一种利益分配与法律选择.权利限制是知识产权法限制其权利垄断性, 保留公益性的法律手段,是知识产权公平正义目标的体现.研究了知识产权对图书馆权利的各种适应性安排.     

促进科技成果转化知识产权实施权制度研究

本文从《科技进步法》到"三权"改革梳理了我国科技成果知识产权放权和让利的过程,研究了韩国、日本实施权制度的经验,分析了我国科技成果转化"三权"的不足和设立知识产权实施权制度的重要意义,从实施权主体客体、主要类型、权利取得途径、权利行使方式和救济措施等五个方面研究提出了我国科技成果知识产权实施权的基本框架。     

知识产权发展带来更多工作岗位

知识产权工作以企业为主体,企业知识产权工作的内容可以从“知识产权”的字面上去分析：法学界对知识产权的概念基本达成了一致,都将知识产权界定为一种权利,但法学界的定义似乎只涵盖了一个“权”字;“知识”可以理解为政府倡导的创新;中间的“产”字就是财产,知识产权财产属性的光芒已经被越来越多的企业所发觉。我国的知识产权工作经历了从“权”到“知识”再到“产”的几个阶段,每个阶段都被赋予新的内容,随着其内容的增加,各种新的工作岗位也不断被孕育出来。     

Students' Reactions to the Introduction of Videoconferencing for Classroom Instruction

This study examined how students who had no prior experience with videoconferencing would react to the use of videoconferencing as an instructional medium. Students enrolled in seven different courses completed a questionnaire at the beginning of the semester and again at the end of the semester. Students at the origination and remote sites did not differ in their reactions toward videoconferencing but there was a significant difference for gender. Women reacted less favorably to videoconferencing. Compared to the beginning of the semester, students reported significantly less positive attitudes toward taking a course through videoconferencing at the end of the semester. There were no significant differences in students' attitudes toward videoconferencing across courses at the beginning of the semester but there were significant differences across the courses at the end of the semester. The results suggest the need for better preparation for both students and instructors.     

Cooler temperatures inductive to locust outbreaks

Ajoint study by Prof. ZHANG Zhibin from the CAS Institute of Zoology and his co-workers from Norway, US and Swiss have indicated that historical outbreaks of migratory locusts in China were associated with cold spells, suggesting that China＇s projected climate warming could decrease the pest＇s numbers. The study was published in Proceedings of theNational Academy of Sciences on 17 September, 2007.     

Exploring Multiplexity: Social Network Structures in a Computer-Supported Distance Learning Class

A computer-mediated group is a complex entity whose members exchange many types of information via multiple means of communication in pursuit of goals specific to their environment. Over time, they coordinate technical features of media with locally enacted use to achieve a viable working arrangement. To explore this complex interaction, a case study is presented of the social networks of interactions and media use among members of a class of computer-supported distance learners. Results show how group structures associated with project teams dominated who communicated with whom, about what, and via which media over the term, and how media came to occupy their own communication niches: Webboard for diffuse class-wide communication; Internet Relay Chat more to named others but still for general communication across the class; and e-mail primarily for intrateam communication. Face-to-face interaction, occurring only during a short on-campus session, appears to have had a catalytic effect on social and emotional exchanges. Results suggest the need to structure exchanges to balance class-wide sharing of ideas with subgroup interactions that facilitate project completion, and to provide media that support these two modes of interaction.     

The Role of Intermediating Institutions in the Diffusion of Electronic Data Interchange (EDI): How Industry Associations Intervened in Denmark, Finland, and Hong Kong

Electronic data interchange (EDI) provides means for interorganizational communication, creates network externalities, requires an advanced information technology (IT) infrastructure, and relies on standards. In the diffusion of such innovations, institutional involvement is imperative. Such institutions contain governmental agencies, national and global standardization organizations, local government, and nonprofit private organizations like industry associations. The last type of organizations we call intermediating institutions. They intermediate or coordinate ("inscribe") the activities of a group of would-be adopters. Unfortunately, little is known of how these organizations shape the EDI diffusion trajectory. In this article we examine one specific type of intermediating organizations?industry associations?and how they advanced the EDI diffusion process in the grocery sectors of Hong Kong, Denmark and Finland. We identify six institutional measures, placed into a matrix formed by the mode of involvement (influence vs. regulation) and the type of diffusion force (supply push vs. demand pull), that can be mobilized to further the EDI diffusion. Industry associations were found to be active users of all these measures to varying degrees. Their role was critical especially in knowledge building, knowledge deployment, and standard setting. Furthermore, institutional involvement varied due to policy and cultural contingencies and power dependencies.     

How Electronic Publishers are Protecting Against Piracy: Doubts About Technical Systems of Protection

The increasing prospects of digital piracy has prompted the perceived need by electronic publishers to adopt technical systems of protection, and governments to reform their copyright laws. This article is a preliminary study of the management of intellectual property by electronic publishers, defined as those involved in the production of online databases, and CD-ROMs. It focuses on three main issues: (1) how electronic publishers view the increasing threat of piracy; (2) the methods of protection employed to protect intellectual property in digital format; and (3) the importance of technological protection of intellectual property in electronic publications. The analysis is based on a sample of 23 UK electronic publishers. The interviews revealed an interesting assortment of protection methods and did not show that technological protection was a preferred way. Instead, the means of protection, in addition to copyright law, comprised niche markets, pricing, trust, bad publicity, and nontechnical and technical means.     

Rough Justice: A Statistical Assessment of ICANN's Uniform Dispute Resolution Policy

Long-standing conflict between domain name registrants and trademark holders prompted the Internet Corporation for Assigned Names and Numbers (ICANN) to create a global, mandatory arbitration procedure known as the Uniform Dispute Resolution Policy (UDRP). The UDRP has been used in 2166 cases involving 3938 domain names as of 1 November 2000. The policy gives the initiator of a complaint, generally a trademark holder, the right to choose which ICANN-accredited dispute resolution service provider (RSP) will handle the case. During the preparation of the UDRP,some feared that complainant selection would lead to "forum shopping" that might bias the results. This article performs a statistical assessment of the forum-shopping thesis and finds support for it. There are statistically significant differences in the various RSPs' propensity to take away names from defendants; there are also major differences in the number of cases brought to each RSP. RSPs who take away names have the larger share of cases. The study examines other variables that might explain differences in market share, such as price, the plaintiff's nationality, or the time taken to decide a case. It finds that nationality and time also are correlated with market share. The study concludes that shopping for a favorable outcome is an important factor in the UDRP.     

Prevalence of soft neurological signs in Chinese people

Prof. Raymond C.K. Chen, a neuropsychologist with the CAS Institute of Psychology, has made novel progress in his studies of schizophrenia. His work has been reported by a recent issue of Behavioural Neurology.     

Monoculture Rubber Plantations Have Negative Ef ects on Controlling Splash Erosion

<正>In Xishuangbanna,one of China’s most biodiverse regions,landscape has changed dramatically during the past three decades due to the conversion of tropical rainforest to rubber plantations.In steep areas,terraces are often constructed before planting rubber trees,which causes two important changes in the soil:the destabilization of soil in the bench terraces and the increased vulnerability of unvegetated riser faces to erosion.Few studies have documented the nature and intensity of erosion on bench terraces.Prof.LIU Wenjie and his colleagues from the Xishuangbanna Tropical Botanical Garden(XTBG)conducted a study in Menglun County(21°5′39″N,101°15′55″E),Xishuangbanna to evaluate the influence     

Chinese Scientists Use Earth Observation Technologies to Study and Protect Wild Camels

<正>Chinese scientists plan to apply Earth Observation technologies to protect the critically endangered wild camels(Camelus ferus).With the help of remote sensing,satellite positioning,geographical information system and wireless sensors networks,they will be able to access the distribution and population of the wild camels and protect their habitats.The project will be carried out by the International Research Center for Wild Camel Conservation,which was jointly established earlier this year by the Institute of Remote Sensing and Digital Earth(RADI)of the Chinese     

More than Skin Deep – Understand Skin Biology by Means of Dermatogenomics

<正>The Paul Gerson Unna Research Group on Dermatogenomics was founded in October 2012 at the Partner Institute for Computational Biology.The ultimate goal of the group is to understand the biology of skin and skin appendages.