Wednesday, March 21, 2012

A Significant Feature of the bronze

The design after a period of patent protection, the protection period of copyright law unauthorized copying preexisting design patent the right of the art elements (color, shape, pattern, form), should bear the responsibility of the copyright violations. This protected mode in the overlap period, likely to cause a conflict of rights, conflict of rights and there is no overlap period of time does not occur. Therefore, prone to conflict of rights, the principle of "priority rights" adopting both other former to solve. The bronze spreads for thousands of years and contains a lot of cultural messages. This article endorsed the legislative mode of China's use of a bronze sculptures. Meet the requirements of the bronze sculptures protection, this model can adapt to the needs of market development. And this model with the international treaties and foreign legislative mode as well as specific system design phase and chief financial bronze sculptureinternationalization and harmonization of legislation of the work.
China's bronze sculptures of industrial property rights protection system to build my bronze statue works of industrial property rights protection system to build in general, multiple protection of the rights of the legislative model in order to solve a single law in the protection of the rights of bronze sculptures conflicting objectives. This involves two aspects: on the System of the basic principles of protection of the rights of the conflict resolved; on specific systems in the System arrangements. Each piece of chinese bronze over thousands of years has a lot of exciting stories behind. First of all, it should be as soon as possible coordination of the basic principles of bronze dragon right to protection of the conflict, the protection of the earlier principles and interests taking into account the principle of (balanced rights and obligations). protection of the earlier principle. In order to solve the conflict in the intellectual property rights to solve the Patent Law, Trademark Law, Copyright Law and Unfair Competition Law.
 There is overlap on the same intellectual creations protected relationship, China's newly amended Patent Law, Trademark Law "and other legal to make provision for this, in general reflects the protection of prior rights of the original bl, IJ For example, the "special dam. 1: Degree perish Lee Act 23 provides that: "the design of the patent right is granted, shall not be part of an existing design; nor any unit or individual on the same design before the date of filing the patent administration department under the State Council application, and recorded in the notice after the date of filing the patent document. At present, the bronze further developed into a great category of collection.  "legitimate rights to the design of the granted patent before the date of filing has been made not with others in conflict." Trademark Law "9 stipulates:" The application for registration trademarks, there should be a significant feature, for easy identification, and may not be obtained earlier with others legitimate rights conflict.''
31 of the Act provides that: "the application for trademark registration shall not infringe on others' existing prior rights, nor may not legitimate means to the first registration and others already use a certain trademark. "Thus, from the entities in terms of prior rights have to maintain the legal basis of their legitimate rights and interests. The spring auction in 2006, a Western Zhou bronze was auctioned at 2.36 million yuan. This is also the common practice of our practice, such as" Wu Song Fights the Tiger case, " San Mao Case, "Laoganma the case bronze sculptures of course, an object of intellectual property protection, in the corresponding intellectual property rights of a single law to protect the rights of the conflict of course, the same legal norms, in order to apply the right to protect the principle of giving priority to resolve the issues on the protection of conflict (rights and obligations of the principles of the balance).

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