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Xu Jiali Attended “Issues Related to IP International Protection” Seminar

Author:Longan Law FirmAddtime:2018-05-26 10:29:44Font size:SmallMediumBig

On May 26, 2018, the Intellectual Property Center of Chinese Academy of Social Sciences hosted “Issues Related to IP International Protection” Seminar in the China Intellectual Property Training Center. Mr. Xu was invited to preside over the discussion of relevant chapters. He gave the following opinions in terms of the formation of basic intellectual property law.
1. The existing mode of lawmaking requires that the intellectual right code be contained within the civil code, so the discussion on basic intellectual right law should be based on the fact.
2. Compared with other laws, the intellectual right law is immature; therefore, it appears to be weak and has little voice. This is one reason why the intellectual right law cannot be an independent code.

3. It is necessary and feasible for the intellectual right law to be an independent code as it has its unique features and conditions that are different to other laws. For example, new technology has huge influence to the intellectual right law.
4. International and domestic changes have unprecedented impact on the legislation of intellectual property. Such changes can be reflected by an independent intellectual right code promptly yet missed in civil code.
5. Considering that the basic intellectual right law relates to public law, private law, procedural law, substantial law, it is imperative to make the basic intellectual right law to be an independent code.

 

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