veoexrmpzt
Dołączył: 21 Lut 2011
Posty: 371
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Skąd: England
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 Wysłany: Pią 16:01, 01 Kwi 2011 Temat postu: herve leger toronto xpj qtz rooo mej |
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Intellectual property protection of the real estate industry
Investigation of the operator of its legal rights against unfair competition by paying a reasonable fee. T] Park II technology and the law I believe that this provision is there are two problems: First, there are suspected of favoring the infringer. Violate the legal rights, and how much compensation? First look at the losses suffered by the right people, the loss is difficult to determine when the infringer for infringing profits to pay, then the losses or profits are not sure when it is not paid out ? Second, the lack of consideration of the interests of rights holders. The amount of compensation paid by the infringer should pay how much is in their, to determine how much compensation, but did not take into account the rights of people need to pay how much would be enough to cover their losses. Trips Agreement, which specified the amount of compensation paid Therefore, the revision should pay attention to the Unfair Competition Law: First, implement the principle of full compensation. The principle of full compensation refers to the infringer of intellectual property rights infringement, regardless of the subjective is deliberate, or negligent, and regardless of whether their conduct criminal and administrative sanctions shall be in accordance with its loss caused by infringement to determine how much the scope of compensation I1. The principles are intended to implement the maximum extent possible in the protection of the rights of victims, so that the interests of victims to recover or fully be satisfied. This principle and the Trips Agreement on the infringer to the right person This principle of the phase line of the patent law, trademark law, copyright law has been reflected. Second, the implementation of the statutory compensation system. The so-called statutory compensation system is specified in the law tort damages in the amount of compensation and to give the right people in the people's court or the infringer's actual loss not sure when the illegal income, according to the circumstances infringing the law of compensation under 50 million verdict amount. China has revised the patent law, trademark law, copyright law in the sum on the basis of judicial experience,[link widoczny dla zalogowanych], drawing on practices in developed countries, established this system. 3, improve our legislation and the establishment of related measures present,[link widoczny dla zalogowanych], China's traditional culture in the business secrets and still no system of national legislation, only in the have the relevant provisions of legislation,[link widoczny dla zalogowanych], from different angles to protect them in promoting the development of China's real estate industry has played an important role, but there are still many imperfections, for example the operability is poor, more vulnerability, and disproportionate and other international treaties, the United States, the European Union several years ago enacted relevant laws, such as the EU's Therefore,[link widoczny dla zalogowanych], as soon as possible to develop a unified building to protect traditional culture,[link widoczny dla zalogowanych], regulations, intellectual property system to them as complementary measures.
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