摘要
The Part of Intellectual Property,Civil Code (Draft of Experts’ Opinions)comprises 6 chapters,containing about 100 articles.The full text of the said part is drafted by the Center for Intellectual Property,CASS and specialists from courts at various levels in Beijing and Shanghai have recommended and modifications.The first Chapter of the Part of Intellectual Property,Civil Code,is drafted by author of this article.It is noted by the author,first of all,that during the Washington Conference sponsored by the World Intellectual Property Organization,all participants reached consensus that "intellectual property shall not be covered in the Civil Code".China is likely to run risks both in theory and in legislative techniques if it determines to make a breakthrough in this respect.On the basis of his drafting experience,the author introduces in detail ideas of drafting of each article,relevant international/regional treaties and laws of some countries in the field of intellectual property to which he has taken reference,and contents and meanings of each article contained in the chapter.Meanwhile,the author has also elaborated issues calling for attention during the drafting of the Part of Intellectual Property and different perspectives of Chinese and foreign experts towards some articles.
The Part of Intellectual Property,Civil Code (Draft of Experts' Opinions)comprises 6 chapters,containing about 100 articles.The full text of the said part is drafted by the Center for Intellectual Property,CASS and specialists from courts at various levels in Beijing and Shanghai have recommended and modifications.The first Chapter of the Part of Intellectual Property,Civil Code,is drafted by author of this article.It is noted by the author,first of all,that during the Washington Conference sponsored by the World Intellectual Property Organization,all participants reached consensus that "intellectual property shall not be covered in the Civil Code".China is likely to run risks both in theory and in legislative techniques if it determines to make a breakthrough in this respect.On the basis of his drafting experience,the author introduces in detail ideas of drafting of each article,relevant international/regional treaties and laws of some countries in the field of intellectual property to which he has taken reference,and contents and meanings of each article contained in the chapter.Meanwhile,the author has also elaborated issues calling for attention during the drafting of the Part of Intellectual Property and different perspectives of Chinese and foreign experts towards some articles.
出处
《环球法律评论》
2002年第124期308-329,共22页
Global Law Review
