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
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
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
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
A common act taken by every innovation-oriented country is its protection for intellectual property. The main mission for establishing intellectual property rights is to normalize the rights and laws over its entire d...A common act taken by every innovation-oriented country is its protection for intellectual property. The main mission for establishing intellectual property rights is to normalize the rights and laws over its entire domain of jurisdiction. This article introduces the new concept of "intellectual-property-rights-ization", and discusses about the role and importance of this concept; a country that has normalized intellectual property rights are characterized by a people that realize the importance of intellectual property rights, a presence of a rule system that protects one 's intellectual property, an administration that regulates intellectual property rights, a specialization of labor in protecting IPR, and a strong education system.展开更多
This article focuses on the current situation in technical research and development （R＆D） and proprietary intellectual property rights （IPRs） in China. Based on the situation of Far East Cable Company, it analyze...This article focuses on the current situation in technical research and development （R＆D） and proprietary intellectual property rights （IPRs） in China. Based on the situation of Far East Cable Company, it analyzes the significance of strengthening the protection of proprietary IPRs and implementing a strategy for technology standards and then discusses the actual work and future arrangement of proprietary IPRs and technology standard strategies. It points out that the enhancement of proprietary IPRs protection and implementation of technology standard strategies is the only way for enterprises to remain competitive.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
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
The Netac Technology Co., Ltd brought suit against Beijing Huaqi Information Digital Technology Co., Ltd for infringing Netac＇s patent. This case was the preclude to the intellectual property rights （IPR） war of th...The Netac Technology Co., Ltd brought suit against Beijing Huaqi Information Digital Technology Co., Ltd for infringing Netac＇s patent. This case was the preclude to the intellectual property rights （IPR） war of the internal enterprises. The process of this case was followed with great interest because it would influence the development of the hundreds of Mobile Storage enterprises in China. This paper is based on the brief review of the details of the case, the authors analyze the main legal issues covered by this case from the two aspects of the substantive and the procedural law, and reach the conclusions that the IPR strategy has gradually become the key to the IT enterprises in their intense market competition and that the concerned laws and regulations in China should be rectified and improved accordingly.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
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
This paper analyzes the factors that affect Intellectual Property Right(IPR) development by leveraging the way of system engineering.With scale and relationship as the objects of study,this paper explores the relation...This paper analyzes the factors that affect Intellectual Property Right(IPR) development by leveraging the way of system engineering.With scale and relationship as the objects of study,this paper explores the relationships among different factors by way of modeling,summarizes the superficial,shallow and deep reasons at different layers that affect enterprise intellectual property rights,and makes clear the correlation among all factors.展开更多
As an intangible property right,intellectual property is a very important economic resource,which is of great significance for merchants to enter the international market.With the development of The Times,more and mor...As an intangible property right,intellectual property is a very important economic resource,which is of great significance for merchants to enter the international market.With the development of The Times,more and more merchants begin to look globally and enter the overseas market.In order to gain a foothold and develop in the international market where intellectual property rights are more strictly protected,intellectual property rights have important significance that cannot be ignored by all businesses.Writing significance:Taking NetEase Koala as an example to further understand the IPR protection of cross-border e-commerce.展开更多
For the purpose of summarising the judicial experiencein adjudicating IP-related cases and familarising the readersin China and overseas with the practical situation of
Ms. Chen Zhili, a State Councilor,expressed on the Glooal Forum on Intellectual Property Rights Protection and Innovation that a plan on the preparation of China's strategy on intellectual property rights woul... Ms. Chen Zhili, a State Councilor,expressed on the Glooal Forum on Intellectual Property Rights Protection and Innovation that a plan on the preparation of China's strategy on intellectual property rights would be issued and put into implcmentation this year, in an effort to jointly create a harmonious environment in which dialogue instead of confrontation will prevail.. At the forum, Mr.……展开更多
Geographical indication right and new plant variety right are important agricultural intellectual property.This article researches the current situation on protection of geographical indication right of green Chinese ...Geographical indication right and new plant variety right are important agricultural intellectual property.This article researches the current situation on protection of geographical indication right of green Chinese onion resources and new plant variety right.And it puts forward the following measures for improvement:(i)Promoting the implementation of geographical indication product protection based on the national quality system;(ii)Establishing the national quality standards of geographical indication green Chinese onion,in order to improve quality standardization;(iii)Encouraging more enterprises within the scope of protection of geographical indication to use special signs of geographical indication;(iv)Unifying the green Chinese onion brands within the scope of protection of geographical indication;(v)Achieving the dual protection of geographical indication right and new variety right of green Chinese onion;(vi)Developing the tourism resources on geographical indication green Chinese onion,to develop tourism agriculture.展开更多
From March Ilth to March 12th, China National Textile and Apparel Council (CNTAC) Intellectual Property Rights (IPRs) Alliance Founding Inaugural Meeting Preparatory Session and the Textile Techno-logical Innovation S...From March Ilth to March 12th, China National Textile and Apparel Council (CNTAC) Intellectual Property Rights (IPRs) Alliance Founding Inaugural Meeting Preparatory Session and the Textile Techno-logical Innovation Seminar together with the CNTAC IPRs Alliance Launching Ceremony was held in Shanghai. It was reported that establishment of the CNTAC IPRs Alliance was initiated by Shanghai Tex-tile Academy Co., Ltd. under the advocacy and support of the CNTAC.展开更多
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.
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.
文摘A common act taken by every innovation-oriented country is its protection for intellectual property. The main mission for establishing intellectual property rights is to normalize the rights and laws over its entire domain of jurisdiction. This article introduces the new concept of "intellectual-property-rights-ization", and discusses about the role and importance of this concept; a country that has normalized intellectual property rights are characterized by a people that realize the importance of intellectual property rights, a presence of a rule system that protects one 's intellectual property, an administration that regulates intellectual property rights, a specialization of labor in protecting IPR, and a strong education system.
文摘This article focuses on the current situation in technical research and development （R＆D） and proprietary intellectual property rights （IPRs） in China. Based on the situation of Far East Cable Company, it analyzes the significance of strengthening the protection of proprietary IPRs and implementing a strategy for technology standards and then discusses the actual work and future arrangement of proprietary IPRs and technology standard strategies. It points out that the enhancement of proprietary IPRs protection and implementation of technology standard strategies is the only way for enterprises to remain competitive.
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.
文摘The Netac Technology Co., Ltd brought suit against Beijing Huaqi Information Digital Technology Co., Ltd for infringing Netac＇s patent. This case was the preclude to the intellectual property rights （IPR） war of the internal enterprises. The process of this case was followed with great interest because it would influence the development of the hundreds of Mobile Storage enterprises in China. This paper is based on the brief review of the details of the case, the authors analyze the main legal issues covered by this case from the two aspects of the substantive and the procedural law, and reach the conclusions that the IPR strategy has gradually become the key to the IT enterprises in their intense market competition and that the concerned laws and regulations in China should be rectified and improved accordingly.
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.
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.
文摘This paper analyzes the factors that affect Intellectual Property Right(IPR) development by leveraging the way of system engineering.With scale and relationship as the objects of study,this paper explores the relationships among different factors by way of modeling,summarizes the superficial,shallow and deep reasons at different layers that affect enterprise intellectual property rights,and makes clear the correlation among all factors.
文摘As an intangible property right,intellectual property is a very important economic resource,which is of great significance for merchants to enter the international market.With the development of The Times,more and more merchants begin to look globally and enter the overseas market.In order to gain a foothold and develop in the international market where intellectual property rights are more strictly protected,intellectual property rights have important significance that cannot be ignored by all businesses.Writing significance:Taking NetEase Koala as an example to further understand the IPR protection of cross-border e-commerce.
文摘For the purpose of summarising the judicial experiencein adjudicating IP-related cases and familarising the readersin China and overseas with the practical situation of
文摘 Ms. Chen Zhili, a State Councilor,expressed on the Glooal Forum on Intellectual Property Rights Protection and Innovation that a plan on the preparation of China's strategy on intellectual property rights would be issued and put into implcmentation this year, in an effort to jointly create a harmonious environment in which dialogue instead of confrontation will prevail.. At the forum, Mr.……
基金Supported by Humanities and Social Sciences Planning Fund Project(11YJA850019)Scientific and Technological Innovation Project,the Ministry of Culture(2011021)Hubei Social Science Fund Project(2010274)
文摘Geographical indication right and new plant variety right are important agricultural intellectual property.This article researches the current situation on protection of geographical indication right of green Chinese onion resources and new plant variety right.And it puts forward the following measures for improvement:(i)Promoting the implementation of geographical indication product protection based on the national quality system;(ii)Establishing the national quality standards of geographical indication green Chinese onion,in order to improve quality standardization;(iii)Encouraging more enterprises within the scope of protection of geographical indication to use special signs of geographical indication;(iv)Unifying the green Chinese onion brands within the scope of protection of geographical indication;(v)Achieving the dual protection of geographical indication right and new variety right of green Chinese onion;(vi)Developing the tourism resources on geographical indication green Chinese onion,to develop tourism agriculture.
文摘From March Ilth to March 12th, China National Textile and Apparel Council (CNTAC) Intellectual Property Rights (IPRs) Alliance Founding Inaugural Meeting Preparatory Session and the Textile Techno-logical Innovation Seminar together with the CNTAC IPRs Alliance Launching Ceremony was held in Shanghai. It was reported that establishment of the CNTAC IPRs Alliance was initiated by Shanghai Tex-tile Academy Co., Ltd. under the advocacy and support of the CNTAC.
