The main obstacle to the open sharing of scientific data is the lack of a legal protection system for intellectual property.This article analyzes the progress of research papers on intellectual property in scientific ...The main obstacle to the open sharing of scientific data is the lack of a legal protection system for intellectual property.This article analyzes the progress of research papers on intellectual property in scientific data in China through literature search and statistics.Currently,research subjects are unbalanced,research content is uneven,research methods are intellectual single,and research depth is insufficient.It is recommended that different stakeholders engage in deep cross disciplinary cooperation,further improve China’s legal and policy protection system for scientific data intellectual property,and promote the open sharing of scientific data.展开更多
Rape is the third largest oil crop in the world and the first one in China.The national average rapeseed yield is only 2077.5 kg/hm^(2),and the rapeseed oil yield is 894 kg/hm^(2).This paper introduced the main types,...Rape is the third largest oil crop in the world and the first one in China.The national average rapeseed yield is only 2077.5 kg/hm^(2),and the rapeseed oil yield is 894 kg/hm^(2).This paper introduced the main types,germplasm resources,breeding bases and breeding progress of Chinese rape,and studied its high-quality varieties,breeding patents and new varieties of agricultural plants.We analyzed the main problems such as serious loss of germplasm resources in Brassica campestris L.and Brassica juncea(L.)Czern.et Coss and weak"agricultural chip"in rape field,and put forward strategies such as strengthening the protection of rape germplasm resources,encouraging the development of"agricultural chip"in rape industry clusters with national advantages and characteristics,and strengthening the protection of agricultural intellectual property rights.展开更多
Only by improving the production capacity of domestic herbal edible oil can China ensure the safety of the supply chain of the important industrial chain of vegetable edible oil in China and practice the big food conc...Only by improving the production capacity of domestic herbal edible oil can China ensure the safety of the supply chain of the important industrial chain of vegetable edible oil in China and practice the big food concept.In addition to rice,maize,and soybean for using as grain and oil,there are eight kinds of herbaceous edible oil crops in Hubei Province,including rape,peanut,sesame,sunflower,perilla(perilla seed),cotton,linen and tiger nut(Cyperus esculentus).This paper studies the main industries of herbaceous edible oil crops and their intellectual property resources in Hubei Province,and analyzes the main problems of its inheritance,innovation and high-quality development under the strategy of strengthening the country with intellectual property.Finally,it proposes the countermeasures of carrying forward and inheriting traditional knowledge and traditional culture,maintaining the biodiversity of crops,strengthening the creation of new plant varieties and breeding patents,and opening up the whole chain of intellectual property rights.展开更多
Only by developing woody edible oilseeds industry can we ensure the safety of the important industrial chain and supply chain of vegetable edible oil in China.There are 13 kinds of woody edible oil plants in Hubei,inc...Only by developing woody edible oilseeds industry can we ensure the safety of the important industrial chain and supply chain of vegetable edible oil in China.There are 13 kinds of woody edible oil plants in Hubei,including Camellia oleifera Abel(oil tea),Juglans regia L.(walnut),Olea europaea L.(olive)and Paeonia suffruticosa(oil peony).This paper studies the main industries of woody edible oilseeds in Hubei Province and their intellectual property resources,and analyzes the main problems in their intellectual property protection,inheritance,innovation and development.Finally,it proposes some strategies,including carrying forward the traditional knowledge related to woody edible oilseeds,innovating the"agricultural chip",creating key counties of national woody edible oil seeds,and developing industrial clusters with national advantages and characteristics.展开更多
This paper introduced the grape industry in Xinjiang and its agricultural intellectual property resources,and analyzed six major problems such as the ineffective leading role of intellectual property rights in high-qu...This paper introduced the grape industry in Xinjiang and its agricultural intellectual property resources,and analyzed six major problems such as the ineffective leading role of intellectual property rights in high-quality development.Finally,it proposed eight strategies to build a national-level regional fine-grain breeding base for grapes and develop“agricultural chips”in the context of the strategy of strengthening the country with intellectual property and innovation-driven development strategy.展开更多
"Three new developments"is the guiding ideology of Chinese-style high-quality development in the new era.Jujube(Zizyphus jujube Mill.)is a plant of Zizyphus of Rhamnaceae,which originated in China and has be..."Three new developments"is the guiding ideology of Chinese-style high-quality development in the new era.Jujube(Zizyphus jujube Mill.)is a plant of Zizyphus of Rhamnaceae,which originated in China and has been listed as one of the"five fruits"since ancient times.Xinjiang is the most important jujube producing area in China,and its yield has accounted for 50%of the national jujube yield.In the five prefectures and cities of southern Xinjiang,as well as the regimental farms of southern and eastern Xinjiang of Xinjiang Production and Construction Corps,the jujube industry is an advantageous characteristic industry in agriculture.This paper studied Xinjiang jujube industry and its agricultural intellectual property resources,analyzed six major issues to be further implemented,such as the"three new developments"thinking and the strategy of building an intellectual property power,and puts forward eight strategies such as coordinating the two markets and two resources to accelerate the construction of a new development pattern and dual circulation of jujube.展开更多
The viability of exponentially growing non-fungible token(NFT)market is evaluated by identifying potential value-generating mechanisms that can be rationalized.After identifying the value-generating mechanisms underly...The viability of exponentially growing non-fungible token(NFT)market is evaluated by identifying potential value-generating mechanisms that can be rationalized.After identifying the value-generating mechanisms underlying the positive values of NFTs,this study establishes a pricing model for NFTs that follows a continuous-time financial framework.As NFTs are claimed to securitize“ownership rights short of use”,and as such they may potentially serve as a substitute for the need to rely replace the reliance on the legal protection provided by intellectual property rights(IPRs).Considering this issue,this study evaluates the likelihood that NFTs will replace existing mechanisms that protect producers’rightful claim to use their assets or the need to apply the legal code that governs IPRs.The financial condition for this potential shift is derived for a category of assets whose use or consumption does not reduce supply as the notion of scarcity does not apply.展开更多
The development of diversified foods such as melons under the big food concept can reduce the pressure on staple food grain.Xinjiang has the advantages of building a new development pattern of dual circulation of dive...The development of diversified foods such as melons under the big food concept can reduce the pressure on staple food grain.Xinjiang has the advantages of building a new development pattern of dual circulation of diversified food industry and establishing a national diversified food safety and high-quality assurance center.The construction of an agricultural power needs the strategic support of an intellectual property power.This paper introduced and studied Xinjiang s melon industry and its agricultural intellectual property resources,analyzed the six main problems,including many idle land resources have not been developed into melon fields and the role of melons in diversified food supply systems not well played.Finally,it proposed to vigorously develop diversified food industries such as melons in Xinjiang and establish an eight-point strategy such as national diversified food safety and high-quality assurance center.展开更多
This paper introduced the biological characteristics and medicinal value of medlar(Lycium chinense Miller).It studied Chinese wolfberry industry and its agricultural intellectual property resources in Xinjiang.In addi...This paper introduced the biological characteristics and medicinal value of medlar(Lycium chinense Miller).It studied Chinese wolfberry industry and its agricultural intellectual property resources in Xinjiang.In addition,it analyzed main problems such as the lag in the construction of authentic medicinal materials bases and insufficient deep processing of related products.Finally,it proposed eight recommendations including cultivating biological species with more medicinal value and creating an advantageous area of characteristic authentic medicinal materials.展开更多
There is a long-standing conflict between intellectual property rights and public freedom of information.The continuous development of the“anti-circumvention clause”has caused the conflict to intensify.As a basic hu...There is a long-standing conflict between intellectual property rights and public freedom of information.The continuous development of the“anti-circumvention clause”has caused the conflict to intensify.As a basic human right,freedom of information is being gradually eroded by the expansion of intellectual property rights.The existing research mainly carries on the right balance from the negative protection path,but the positive protection path is more advantageous to realizing the public freedom of information and alleviates the conflict between the two kinds of rights.In practice,there are some problems in the application of the anti-circumvention clause,such as the legality of the aim,the division of the protected part,and the determination of the circumvention.This is mainly due to the lack of restrictions on technical measures,the failure to distinguish between“copyright protection”and“contact control”,and the offside and absence of administrative bodies in practice.We should protect public freedom of information by distinguishing the two measures of copyright protection and contact control and the two torts of access and use,increasing the restrictive conditions for the use of technical protection measures,and changing the functions of administrative supervision agencies.展开更多
Agricultural intellectual property has the functions of carrying forward agricultural cultural heritage,encouraging agricultural scientific and technological innovation,cultivating the brand of agricultural products a...Agricultural intellectual property has the functions of carrying forward agricultural cultural heritage,encouraging agricultural scientific and technological innovation,cultivating the brand of agricultural products and so on. The protection and application of agricultural intellectual property rights can enhance the vitality,innovation and competitiveness of agricultural economy,and promote the strategy of high-quality agricultural development and rural revitalization. Ginseng is a traditional medicinal variety with superior characteristics in Northeast China,and it is one of the most famous " three treasures" in Northeast China. This paper introduces ginseng( Panax ginseng C. A. Mey.) and its medicinal value,analyzes the traditional knowledge,biological genetic resources,new plant varieties,patents,geographical indications,trademarks and other agricultural intellectual property resources of ginseng,studies the traditional Chinese medicine GAP certification and certification of " Three Agricultural Products" and the construction of the dominant area of agricultural product( Fusong ginseng) with Chinese characteristics,and explores the rural revitalization strategy and traditional Chinese medicine development strategy,ginseng agricultural intellectual property protection and high quality development strategy.展开更多
In 2021,Xinjiang's cotton output was 5.129 million t,accounting for 89.50%of China's total.The autonomous region produces high-quality long-staple cotton,natural colored cotton,fine-staple cotton(upland cotton...In 2021,Xinjiang's cotton output was 5.129 million t,accounting for 89.50%of China's total.The autonomous region produces high-quality long-staple cotton,natural colored cotton,fine-staple cotton(upland cotton),organic cotton,etc.The southern Xinjiang cotton area is one of the three major long-staple cotton(island cotton)producing regions in the world.This paper introduced the history of cotton planting and breeding in Xinjiang from the aspects of cultural relics records,history of entering Xinjiang,historical achievements of breeding and breeding leaders.We studied the intellectual property protection of cotton breeding in the autonomous region from the aspects of biological genetic resources,invention patents,utility model patents and new plant varieties,analyzed the six main problems existing in cotton breeding and its intellectual property protection,and discussed the tactics for cotton breeding and its intellectual property protection in Xinjiang under the strategy of strengthening the country with intellectual property.Eight suggestions in response to the Xinjiang cotton incident were also put forward,including establishing a Xinjiang national cotton germplasm nursery,protecting biological genetic resources,and strengthening the protection of creative intellectual property rights in the field of breeding to escort technological innovation in the cotton seed industry.展开更多
This paper first introduced Chrysanthemum morifolium Ramat. and its medicinal value. Then, it studied agricultural intellectual property resources such as geographical indications, trademarks, patents, new plant varie...This paper first introduced Chrysanthemum morifolium Ramat. and its medicinal value. Then, it studied agricultural intellectual property resources such as geographical indications, trademarks, patents, new plant varieties, biological genetic resources, and traditional knowledge related to C. morifolium . Finally, it summarized poverty-stricken areas ecologically suitable for planting C. morifolium , analyzed the GAP certification of C. morifolium , pollution-free agricultural product certification, green food certification, and organic food certification, and discussed the strategies for C. morifolium intellectual property protection and authenticity protection in the context of TCM development strategy and rural revitalization strategy.展开更多
Using the methods of field survey and literature collection,this paper firstly introduces the intellectual property resources of the Wuling Mountain Area in Hubei Province from folk literature and arts,traditional kno...Using the methods of field survey and literature collection,this paper firstly introduces the intellectual property resources of the Wuling Mountain Area in Hubei Province from folk literature and arts,traditional knowledge,biological genetic resources,new plant varieties,patents,geographical indications,and trademarks.Then,it analyzes the main problems in the protection and inheritance,innovation and development of intellectual property rights(IPRs).In addition,it discusses the strategy of inheritance,innovation and high-quality development of this ethnic area in the context of the strategy of strengthening the country with intellectual property rights and the strategy of rural revitalization.Finally,it comes up with recommendations including carrying forward and inheriting folk literature and art,protecting traditional knowledge of traditional craftsmanship,inheriting and innovating to develop traditional Chinese medicine and ethnic medicine,improving the protection and use of geographical indications,and strengthening the IPR protection.展开更多
Xianning City of Hubei Province is one of the five major traditional osmanthus producing areas in the world and the hometown of osmanthus in China. Xianning is constructing China Osmanthus City in the whole city. This...Xianning City of Hubei Province is one of the five major traditional osmanthus producing areas in the world and the hometown of osmanthus in China. Xianning is constructing China Osmanthus City in the whole city. This paper first introduces the main characteristics of the osmanthus industry in Xianning City, and analyzes the characteristics of traditional knowledge, biological genetic resources, new plant varieties, patents, geographical indications, and trademarks. Then, it studies the intellectual property resources of the osmanthus industry, and analyzes the main problems existing in the construction of China Osmanthus City and intellectual property right protection. Finally, it comes up with constructive recommendations including applying for China and Globally Important Agricultural Heritage Systems, developing colored-leaf osmanthus varieties, creating a regional public brand of osmanthus specialty products, and building a new development pattern of osmanthus industry.展开更多
This paper studies the geographical indication resources of Xinjiang and their distribution in administrative regions,national grain production functional zones,protected zones for production of major agricultural pro...This paper studies the geographical indication resources of Xinjiang and their distribution in administrative regions,national grain production functional zones,protected zones for production of major agricultural products,advantageous areas of Chinese characteristic agricultural products,and national advantageous characteristic industrial clusters.It analyzes the main problems existing in the protection of intellectual property rights of geographical indications.Besides,it discusses the strategies for the protection of intellectual property rights of geographical indications in the autonomous region and the building of regional public brands in the contest of the strategy of strengthening the country with intellectual property and rural revitalization strategy.Finally,it comes up with recommendations,including collecting and sorting out the human factors and natural factors of geographical indications of famous,excellent and special products,strengthening the protection of geographical indications of Xinjiang cotton and its products,enhancing the protection of geographical indications of grain and oil crops and sugar beet,implementing the protection of geographical indications for products with special needs for ethnic minorities,building national geographical indication product protection demonstration areas,formulating national and international standards for geographical indication products,and take full advantage of the EU-China Agreement on Cooperation on and Protection of Geographical Indications to actively participate in the EU protection of geographical indications.展开更多
This paper firstly introduces the general situation of cotton planting areas in China and cotton industry in Xinjiang,and the current situation of intellectual property protection of Xinjiang's cotton industry.The...This paper firstly introduces the general situation of cotton planting areas in China and cotton industry in Xinjiang,and the current situation of intellectual property protection of Xinjiang's cotton industry.Then,it analyzes the main problems in its intellectual property protection and high-quality development.On this basis,it comes up with the recommendations for high-quality development of cotton industry in Xinjiang under the strategy of strengthening the country with intellectual property.The recommendations include improving the level of creation of creative intellectual property rights,building an intellectual property rule system in the entire cotton industry chain in Xinjiang,building protected zones for production of major high quality agricultural product cotton,establishing a demonstration zone to undertake the transfer of the domestic cotton textile and garment industry,undertaking education on the sense of community for the Chinese nation in response to the Xinjiang cotton incident,and developing the"Belt and Road"blue market for Xinjiang cotton and its products.展开更多
The intellectual property("IP") judicial system comprises two parts: IP judicial organization and IP judicial mechanism. China’s IP judicial system reform should be carried along with the construction of sp...The intellectual property("IP") judicial system comprises two parts: IP judicial organization and IP judicial mechanism. China’s IP judicial system reform should be carried along with the construction of specialized IP courts, aiming to establish a specialized IP judicial system. Such a system contains five elements. First, the nation-wide specialized IP courts are both courts of first instance and of appeal, which is a mode of "first instance + appeal". Meanwhile, a state-level high court or an IP circuit court of the Supreme People’s Court("the Supreme Court") should be established. Second, IP courts should not be set up everywhere, instead, they should be set up in 10-13 central cities, supplemented with detached tribunals. Third, the judicial mechanism in the IP courts should be "3-in-1", in which civil, administrative and criminal suits are heard by one court. Fourth, the manner of reasoning inherited from administrative authority principles of the civil law system should be avoided, and judicial organs should be given the authority to make substantial judgments on the validity of IP. Finally, in technical cases, a multiidentification mechanism for technical facts should be set up, by establishing systems such as technical investigators, expert consultation, expert juries, and judicial appraisal. Thus, an overarching IP judicial system will be formed, which will separate IP trials from others and strengthen the professional traits of IP trails. Such a judicial system is an optimized choice conforming to the construction of an innovative country and is sufficient for China to present a picture of "strong judicial protection" of IP to the world.展开更多
Intellectual property is the core support and important driving force for the sound development of strategic emerging industry. This paper makes an analysis on the current predicament of intellectual property manageme...Intellectual property is the core support and important driving force for the sound development of strategic emerging industry. This paper makes an analysis on the current predicament of intellectual property management for strategic emerging industry from the four stages of the process,including creation and development management,business management,revenue management and disposal management on intellectual property,and finally explores the solutions and gives some countermeasures.展开更多
Based on statistical data of the regional industry and the level of intellectual property right （IPR） development, this paper adopts the ways such as regression analysis and description statistics, trying to analyze...Based on statistical data of the regional industry and the level of intellectual property right （IPR） development, this paper adopts the ways such as regression analysis and description statistics, trying to analyze the intrinsic linkage among the regional industry innovation, regional competence and IPR competence. A conclusion was drawn that IPR competence can assuredly upgrade the industrial competence and regional competence, but the supporting from perfect institutional environment and service system of intellectual property rights （IPR） is yet needed. According to the analysis, this paper gives some suggestions on how to improve the IPR competence of Shenzhen,展开更多
文摘The main obstacle to the open sharing of scientific data is the lack of a legal protection system for intellectual property.This article analyzes the progress of research papers on intellectual property in scientific data in China through literature search and statistics.Currently,research subjects are unbalanced,research content is uneven,research methods are intellectual single,and research depth is insufficient.It is recommended that different stakeholders engage in deep cross disciplinary cooperation,further improve China’s legal and policy protection system for scientific data intellectual property,and promote the open sharing of scientific data.
基金Supported by Youth Program of National Social Science Foundation of China(22CMZ015)。
文摘Rape is the third largest oil crop in the world and the first one in China.The national average rapeseed yield is only 2077.5 kg/hm^(2),and the rapeseed oil yield is 894 kg/hm^(2).This paper introduced the main types,germplasm resources,breeding bases and breeding progress of Chinese rape,and studied its high-quality varieties,breeding patents and new varieties of agricultural plants.We analyzed the main problems such as serious loss of germplasm resources in Brassica campestris L.and Brassica juncea(L.)Czern.et Coss and weak"agricultural chip"in rape field,and put forward strategies such as strengthening the protection of rape germplasm resources,encouraging the development of"agricultural chip"in rape industry clusters with national advantages and characteristics,and strengthening the protection of agricultural intellectual property rights.
基金Supported by Special Soft Science Research Project for Hubei Province Science and Technology Innovation Talents and Services (2022EDA060).
文摘Only by improving the production capacity of domestic herbal edible oil can China ensure the safety of the supply chain of the important industrial chain of vegetable edible oil in China and practice the big food concept.In addition to rice,maize,and soybean for using as grain and oil,there are eight kinds of herbaceous edible oil crops in Hubei Province,including rape,peanut,sesame,sunflower,perilla(perilla seed),cotton,linen and tiger nut(Cyperus esculentus).This paper studies the main industries of herbaceous edible oil crops and their intellectual property resources in Hubei Province,and analyzes the main problems of its inheritance,innovation and high-quality development under the strategy of strengthening the country with intellectual property.Finally,it proposes the countermeasures of carrying forward and inheriting traditional knowledge and traditional culture,maintaining the biodiversity of crops,strengthening the creation of new plant varieties and breeding patents,and opening up the whole chain of intellectual property rights.
基金Supported by Special Soft Science Research Project for Hubei Province Science and Technology Innovation Talents and Services(2022EDA060).
文摘Only by developing woody edible oilseeds industry can we ensure the safety of the important industrial chain and supply chain of vegetable edible oil in China.There are 13 kinds of woody edible oil plants in Hubei,including Camellia oleifera Abel(oil tea),Juglans regia L.(walnut),Olea europaea L.(olive)and Paeonia suffruticosa(oil peony).This paper studies the main industries of woody edible oilseeds in Hubei Province and their intellectual property resources,and analyzes the main problems in their intellectual property protection,inheritance,innovation and development.Finally,it proposes some strategies,including carrying forward the traditional knowledge related to woody edible oilseeds,innovating the"agricultural chip",creating key counties of national woody edible oil seeds,and developing industrial clusters with national advantages and characteristics.
基金Youth Project of National Social Science Fund of China(22CMZ015).
文摘This paper introduced the grape industry in Xinjiang and its agricultural intellectual property resources,and analyzed six major problems such as the ineffective leading role of intellectual property rights in high-quality development.Finally,it proposed eight strategies to build a national-level regional fine-grain breeding base for grapes and develop“agricultural chips”in the context of the strategy of strengthening the country with intellectual property and innovation-driven development strategy.
基金Supported by Youth Project of National Social Science Fund of China(22CMZ015)。
文摘"Three new developments"is the guiding ideology of Chinese-style high-quality development in the new era.Jujube(Zizyphus jujube Mill.)is a plant of Zizyphus of Rhamnaceae,which originated in China and has been listed as one of the"five fruits"since ancient times.Xinjiang is the most important jujube producing area in China,and its yield has accounted for 50%of the national jujube yield.In the five prefectures and cities of southern Xinjiang,as well as the regimental farms of southern and eastern Xinjiang of Xinjiang Production and Construction Corps,the jujube industry is an advantageous characteristic industry in agriculture.This paper studied Xinjiang jujube industry and its agricultural intellectual property resources,analyzed six major issues to be further implemented,such as the"three new developments"thinking and the strategy of building an intellectual property power,and puts forward eight strategies such as coordinating the two markets and two resources to accelerate the construction of a new development pattern and dual circulation of jujube.
文摘The viability of exponentially growing non-fungible token(NFT)market is evaluated by identifying potential value-generating mechanisms that can be rationalized.After identifying the value-generating mechanisms underlying the positive values of NFTs,this study establishes a pricing model for NFTs that follows a continuous-time financial framework.As NFTs are claimed to securitize“ownership rights short of use”,and as such they may potentially serve as a substitute for the need to rely replace the reliance on the legal protection provided by intellectual property rights(IPRs).Considering this issue,this study evaluates the likelihood that NFTs will replace existing mechanisms that protect producers’rightful claim to use their assets or the need to apply the legal code that governs IPRs.The financial condition for this potential shift is derived for a category of assets whose use or consumption does not reduce supply as the notion of scarcity does not apply.
基金Supported by Youth Project of National Social Science Fund of China(22CMZ015)。
文摘The development of diversified foods such as melons under the big food concept can reduce the pressure on staple food grain.Xinjiang has the advantages of building a new development pattern of dual circulation of diversified food industry and establishing a national diversified food safety and high-quality assurance center.The construction of an agricultural power needs the strategic support of an intellectual property power.This paper introduced and studied Xinjiang s melon industry and its agricultural intellectual property resources,analyzed the six main problems,including many idle land resources have not been developed into melon fields and the role of melons in diversified food supply systems not well played.Finally,it proposed to vigorously develop diversified food industries such as melons in Xinjiang and establish an eight-point strategy such as national diversified food safety and high-quality assurance center.
基金Supported by Youth Project of National Social Science Fund of China(22CMZ015)。
文摘This paper introduced the biological characteristics and medicinal value of medlar(Lycium chinense Miller).It studied Chinese wolfberry industry and its agricultural intellectual property resources in Xinjiang.In addition,it analyzed main problems such as the lag in the construction of authentic medicinal materials bases and insufficient deep processing of related products.Finally,it proposed eight recommendations including cultivating biological species with more medicinal value and creating an advantageous area of characteristic authentic medicinal materials.
基金a phased result of the general project of the National Social Science Fund of China“Research on the Boundary and System Construction of Criminal Liability of Internet Service Providers”(Project No.18BFX104)。
文摘There is a long-standing conflict between intellectual property rights and public freedom of information.The continuous development of the“anti-circumvention clause”has caused the conflict to intensify.As a basic human right,freedom of information is being gradually eroded by the expansion of intellectual property rights.The existing research mainly carries on the right balance from the negative protection path,but the positive protection path is more advantageous to realizing the public freedom of information and alleviates the conflict between the two kinds of rights.In practice,there are some problems in the application of the anti-circumvention clause,such as the legality of the aim,the division of the protected part,and the determination of the circumvention.This is mainly due to the lack of restrictions on technical measures,the failure to distinguish between“copyright protection”and“contact control”,and the offside and absence of administrative bodies in practice.We should protect public freedom of information by distinguishing the two measures of copyright protection and contact control and the two torts of access and use,increasing the restrictive conditions for the use of technical protection measures,and changing the functions of administrative supervision agencies.
文摘Agricultural intellectual property has the functions of carrying forward agricultural cultural heritage,encouraging agricultural scientific and technological innovation,cultivating the brand of agricultural products and so on. The protection and application of agricultural intellectual property rights can enhance the vitality,innovation and competitiveness of agricultural economy,and promote the strategy of high-quality agricultural development and rural revitalization. Ginseng is a traditional medicinal variety with superior characteristics in Northeast China,and it is one of the most famous " three treasures" in Northeast China. This paper introduces ginseng( Panax ginseng C. A. Mey.) and its medicinal value,analyzes the traditional knowledge,biological genetic resources,new plant varieties,patents,geographical indications,trademarks and other agricultural intellectual property resources of ginseng,studies the traditional Chinese medicine GAP certification and certification of " Three Agricultural Products" and the construction of the dominant area of agricultural product( Fusong ginseng) with Chinese characteristics,and explores the rural revitalization strategy and traditional Chinese medicine development strategy,ginseng agricultural intellectual property protection and high quality development strategy.
基金Supported by Hubei Provincial Major Research Project(LX201827)。
文摘In 2021,Xinjiang's cotton output was 5.129 million t,accounting for 89.50%of China's total.The autonomous region produces high-quality long-staple cotton,natural colored cotton,fine-staple cotton(upland cotton),organic cotton,etc.The southern Xinjiang cotton area is one of the three major long-staple cotton(island cotton)producing regions in the world.This paper introduced the history of cotton planting and breeding in Xinjiang from the aspects of cultural relics records,history of entering Xinjiang,historical achievements of breeding and breeding leaders.We studied the intellectual property protection of cotton breeding in the autonomous region from the aspects of biological genetic resources,invention patents,utility model patents and new plant varieties,analyzed the six main problems existing in cotton breeding and its intellectual property protection,and discussed the tactics for cotton breeding and its intellectual property protection in Xinjiang under the strategy of strengthening the country with intellectual property.Eight suggestions in response to the Xinjiang cotton incident were also put forward,including establishing a Xinjiang national cotton germplasm nursery,protecting biological genetic resources,and strengthening the protection of creative intellectual property rights in the field of breeding to escort technological innovation in the cotton seed industry.
基金Supported by Foundation for Key Program of Hubei Province(LX201827)Soft Science Program for Technological Innovation of Hubei Province(2018ADC149)
文摘This paper first introduced Chrysanthemum morifolium Ramat. and its medicinal value. Then, it studied agricultural intellectual property resources such as geographical indications, trademarks, patents, new plant varieties, biological genetic resources, and traditional knowledge related to C. morifolium . Finally, it summarized poverty-stricken areas ecologically suitable for planting C. morifolium , analyzed the GAP certification of C. morifolium , pollution-free agricultural product certification, green food certification, and organic food certification, and discussed the strategies for C. morifolium intellectual property protection and authenticity protection in the context of TCM development strategy and rural revitalization strategy.
基金Supported by Foundation for Key Program of Hubei Province(LX201827)。
文摘Using the methods of field survey and literature collection,this paper firstly introduces the intellectual property resources of the Wuling Mountain Area in Hubei Province from folk literature and arts,traditional knowledge,biological genetic resources,new plant varieties,patents,geographical indications,and trademarks.Then,it analyzes the main problems in the protection and inheritance,innovation and development of intellectual property rights(IPRs).In addition,it discusses the strategy of inheritance,innovation and high-quality development of this ethnic area in the context of the strategy of strengthening the country with intellectual property rights and the strategy of rural revitalization.Finally,it comes up with recommendations including carrying forward and inheriting folk literature and art,protecting traditional knowledge of traditional craftsmanship,inheriting and innovating to develop traditional Chinese medicine and ethnic medicine,improving the protection and use of geographical indications,and strengthening the IPR protection.
基金Supported by Special Soft Science Research Project for Hubei Province Science and Technology Innovation Talents and Services (2022EDA060)。
文摘Xianning City of Hubei Province is one of the five major traditional osmanthus producing areas in the world and the hometown of osmanthus in China. Xianning is constructing China Osmanthus City in the whole city. This paper first introduces the main characteristics of the osmanthus industry in Xianning City, and analyzes the characteristics of traditional knowledge, biological genetic resources, new plant varieties, patents, geographical indications, and trademarks. Then, it studies the intellectual property resources of the osmanthus industry, and analyzes the main problems existing in the construction of China Osmanthus City and intellectual property right protection. Finally, it comes up with constructive recommendations including applying for China and Globally Important Agricultural Heritage Systems, developing colored-leaf osmanthus varieties, creating a regional public brand of osmanthus specialty products, and building a new development pattern of osmanthus industry.
基金Supported by Foundation for Key Program of Hubei Province(LX201827)。
文摘This paper studies the geographical indication resources of Xinjiang and their distribution in administrative regions,national grain production functional zones,protected zones for production of major agricultural products,advantageous areas of Chinese characteristic agricultural products,and national advantageous characteristic industrial clusters.It analyzes the main problems existing in the protection of intellectual property rights of geographical indications.Besides,it discusses the strategies for the protection of intellectual property rights of geographical indications in the autonomous region and the building of regional public brands in the contest of the strategy of strengthening the country with intellectual property and rural revitalization strategy.Finally,it comes up with recommendations,including collecting and sorting out the human factors and natural factors of geographical indications of famous,excellent and special products,strengthening the protection of geographical indications of Xinjiang cotton and its products,enhancing the protection of geographical indications of grain and oil crops and sugar beet,implementing the protection of geographical indications for products with special needs for ethnic minorities,building national geographical indication product protection demonstration areas,formulating national and international standards for geographical indication products,and take full advantage of the EU-China Agreement on Cooperation on and Protection of Geographical Indications to actively participate in the EU protection of geographical indications.
基金Supported by Foundation for Key Program of Hubei Province (LX201827)
文摘This paper firstly introduces the general situation of cotton planting areas in China and cotton industry in Xinjiang,and the current situation of intellectual property protection of Xinjiang's cotton industry.Then,it analyzes the main problems in its intellectual property protection and high-quality development.On this basis,it comes up with the recommendations for high-quality development of cotton industry in Xinjiang under the strategy of strengthening the country with intellectual property.The recommendations include improving the level of creation of creative intellectual property rights,building an intellectual property rule system in the entire cotton industry chain in Xinjiang,building protected zones for production of major high quality agricultural product cotton,establishing a demonstration zone to undertake the transfer of the domestic cotton textile and garment industry,undertaking education on the sense of community for the Chinese nation in response to the Xinjiang cotton incident,and developing the"Belt and Road"blue market for Xinjiang cotton and its products.
基金This article is the phased achievement of the Beijing Social Science Fund Major Project:“Research on the Establishment of the Beijing Intellectual Property Court”(15ZDA05).
文摘The intellectual property("IP") judicial system comprises two parts: IP judicial organization and IP judicial mechanism. China’s IP judicial system reform should be carried along with the construction of specialized IP courts, aiming to establish a specialized IP judicial system. Such a system contains five elements. First, the nation-wide specialized IP courts are both courts of first instance and of appeal, which is a mode of "first instance + appeal". Meanwhile, a state-level high court or an IP circuit court of the Supreme People’s Court("the Supreme Court") should be established. Second, IP courts should not be set up everywhere, instead, they should be set up in 10-13 central cities, supplemented with detached tribunals. Third, the judicial mechanism in the IP courts should be "3-in-1", in which civil, administrative and criminal suits are heard by one court. Fourth, the manner of reasoning inherited from administrative authority principles of the civil law system should be avoided, and judicial organs should be given the authority to make substantial judgments on the validity of IP. Finally, in technical cases, a multiidentification mechanism for technical facts should be set up, by establishing systems such as technical investigators, expert consultation, expert juries, and judicial appraisal. Thus, an overarching IP judicial system will be formed, which will separate IP trials from others and strengthen the professional traits of IP trails. Such a judicial system is an optimized choice conforming to the construction of an innovative country and is sufficient for China to present a picture of "strong judicial protection" of IP to the world.
基金the staged achievement of the National Natural Science Foundation of China-researchon the intellectual property transferring mechanism of the strategic emerging industry innovation alliance and its influencing mode upon the innovation performance-based on the empirical study of sichuan province(No.71273036)the soft science project of the technology bureau of Chengdu-research on the development of the strategic emerging industry with scientific support of Chengdu(No.:11R KYB123ZF)
文摘Intellectual property is the core support and important driving force for the sound development of strategic emerging industry. This paper makes an analysis on the current predicament of intellectual property management for strategic emerging industry from the four stages of the process,including creation and development management,business management,revenue management and disposal management on intellectual property,and finally explores the solutions and gives some countermeasures.
文摘Based on statistical data of the regional industry and the level of intellectual property right （IPR） development, this paper adopts the ways such as regression analysis and description statistics, trying to analyze the intrinsic linkage among the regional industry innovation, regional competence and IPR competence. A conclusion was drawn that IPR competence can assuredly upgrade the industrial competence and regional competence, but the supporting from perfect institutional environment and service system of intellectual property rights （IPR） is yet needed. According to the analysis, this paper gives some suggestions on how to improve the IPR competence of Shenzhen,
