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221107 ||| eng |
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|a 9789811968648
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100 |
1 |
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|a Zhang, Chenguo
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245 |
0 |
0 |
|a Balance and Limitation of Intellectual Property Protection in China
|h Elektronische Ressource
|b The Latest Law Amendments and Judicial Development Under Micro-comparative Perspectives
|c by Chenguo Zhang
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250 |
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|a 1st ed. 2022
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260 |
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|a Singapore
|b Springer Nature Singapore
|c 2022, 2022
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300 |
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|a X, 211 p. 5 illus., 3 illus. in color
|b online resource
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505 |
0 |
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|a 1. The development of Chinese law under the international debate on adequate intellectual property protection -- 2. The New Right Limitation and Exception Rules in Chinese Copyright Law -- 3. Copyright and Human Rights: Why the Marrakesh Treaty Approach is Politically Correct but Legally Disputable -- 4. The music borrowing: Right Infringement or Freedom of Art? -- 5. Copyright Protection in the Live Broadcasting -- 6. Copyright Enforcement via Civil Damages Remedy -- 7. Empirical Research: Patent Litigation in the Beijing Courts -- 8. Critical Comments on the Third Amendment of Chinese Trademark Law -- 9. Comments on The Fourth Amendment to the Chinese Trademark Law -- 10. Three Opportunities for Research on the Interdisciplinary Field of “Intellectual Property and Judiciary”
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653 |
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|a Private International Law, International and Foreign Law, Comparative Law
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653 |
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|a International law
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653 |
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|a IT Law, Media Law, Intellectual Property
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653 |
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|a Theories of Law, Philosophy of Law, Legal History
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653 |
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|a Law—Philosophy
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653 |
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|a Law—History
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653 |
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|a Information technology—Law and legislation
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653 |
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|a Mass media—Law and legislation
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653 |
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|a Conflict of laws
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653 |
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|a Comparative law
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653 |
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|a Private international law
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041 |
0 |
7 |
|a eng
|2 ISO 639-2
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989 |
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|b Springer
|a Springer eBooks 2005-
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028 |
5 |
0 |
|a 10.1007/978-981-19-6864-8
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856 |
4 |
0 |
|u https://doi.org/10.1007/978-981-19-6864-8?nosfx=y
|x Verlag
|3 Volltext
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082 |
0 |
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|a 340.9
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520 |
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|a The book focuses the openness of Chinese copyright law and patent law, namely the right limitation and exception rules (as the IP-internal balancing mechanism) and the right enforcement and protection (as the IP-external balancing mechanism). It examines the highlights of the 3rd and 4th amendments to the Chinese copyright law, patent law and the trademark law, addressing the most debated questions during these amendments. This book also takes a comparative approach to study the legislations and case laws in the USA, EU and China. The comparison covers the legislation, case decisions, which could offer useful clues for legislators to revise the current law, for judges to decide the cases about relevant topics and lay down their market plans. Moreover, this study also provides several recommendations for the right holders who are currently operating or planning to operate in China, regarding the de facto protection levels of their IP rights, the risks of right infringement and litigation costs as well as the trend of the goalsetting in their intellectual property strategy
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