“tort”和“infringement”的区别——从专利侵权行为的概念谈起

英文侵权行为领域的研究文献中,经常出现"infringement"和"tort"两个含义接近的词,我国学者把它们均译为"侵权"。有学者认为,"infringement"表示主观上不要求有过错的侵权行为类型,即为无过错责任侵权行为;"tort"表示主观上要求有过错的侵权行为类型,即过错责任侵权行为类型。文章通过考查美国相关文献对这两个词的用法发现,上述理解并不确切。在英美法系,"infringement"一词专用于知识产权侵权,"tort"一词泛指一切类型的侵权行为,"tort"与"infringement"并无区分责任构成要件的功能。

Analysis on diversified socialized relief system for solving environmental infringement

Nowadays,facing severe environmental threats and frequent pollution accidents,China is forced to pay more attention to how to relieve the damages caused by environmental infringement in a timely and effective way during the subsequent treatment.Since environmental damages nowadays are indirect,latent,and complicated,the traditional civil remedy by individuals is no longer an ideal solution to the problem.Therefore,a new system is required to protect the legal rights and interests of the injured party.Under the title of"Analysis on Diversified Socialized Relief System to Solve Environmental Infringement",this essay adopted several research methods including document research,comparative analysis,specific normative analysis,and combination of theory and practice in order to analyze systems on environmental liability insurance,compensation fund for environmental pollution damages,special deposits in advance(sinking fund),etc..The analysis aims to help build a diversified socialized relief system which is suitable for China to solve environmental infringement.

Analysis of Copyright Infringement in Deep Linking

With the development of Intemet technology, various kinds of network link show up, from common links to deep links, from the web to mobile client. Many platforms named the deep links banner aggregation service emerged gradually. The deep linking has brought convenience to the public and also caused a lot of copyright infringement problems. This paper expounds the identification of infringement of the deep linking information transmission on internet and the identification of infringement of the right of reproduction, furthermore analyzing three kinds of applicable standards to determine interact information transmission behavior. Finally, we should gradually get rid of the dependence on server standard applicable, auxiliary for the substantive alternative standard, and gradually complete the substantive alternative standard.

Several Issues Relating to Trademark Infringement Determination: Comments on the Case of Dispute Arising from Trademark Infringement and Unfair Competition between Perfetti Van Melle Corporation and Xufuji Co., Ltd.

The Case in Brief The Perfetti Van Melle Corporation (the Perfetti Van Melle for short), an Italian company, registered three trademarks on sweets and candies in China respectively in January 1999, February 2002, and April 2002. The Perfetti Van Melle Sweets and Candies (China) Co., Ltd. (the Perfetti Van Melle (China) for short) is a sub-company set up with the Perfetti Van Melle's investment in 1994 in Shanghai, and is licensed to exclusively use the mother company's trade dress of the "阿尔卑斯(pronounced...

On Limitation of Action against Acts of Continuous Infringement of Trademark Right

The right to claim for damages for infringement is of the character of credit and an object of limitation of action. In case of trademark right infringement, the provision on limitation of action of the General Principles of the Civil Law also apply to the trademark proprietor's right to claim for damages for infringement.……

12,000 plus IPR infringement cases unearthed in 1st half of 2006

On August 28, the 2006 Beijing International Publishing Forum was held in Kempinski Hotel, Beijing Lufthansa Center. Yu Yongzhan, Deputy Director of General Administration of Press and Publication (GAPP), introduced at the forum that governments at all

An Investigation into the Issues Concerning the Copyright of Content Generated by Text-to-Video AI

Text-to-video artificial intelligence(AI)is a new product that has arisen from the continuous development of digital technology over recent years.The emergence of various text-to-video AI models,including Sora,is driving the proliferation of content generated through concrete imagery.However,the content generated by text-to-video AI raises significant issues such as unclear work identification,ambiguous copyright ownership,and widespread copyright infringement.These issues can hinder the development of text-to-video AI in the creative fields and impede the prosperity of China’s social and cultural arts.Therefore,this paper proposes three recommendations within a legal framework:(a)categorizing the content generated by text-to-video AI as audiovisual works;(b)clarifying the copyright ownership model for text-to-video AI works;(c)reasonably delineating the responsibilities of the parties who are involved in the text-to-video AI works.The aim is to mitigate the copyright risks associated with content generated by text-to-video AI and to promote the healthy development of text-to-video AI in the creative fields.

Overview of the Impact of the Introduction of the Copyright Act 2020 on Digital Publishing

In November 2020,the third amendment of the Copyright Law of the People’s Republic of China was completed and officially implemented in June 2021,which is undoubtedly of great significance to Chinese citizens with a growing awareness of copyright.This has also triggered our thinking about the impact of Copyright Law on digital copyright.Through the analysis of the cases after the amendment of the Copyright Law,we find that to a certain extent,the Copyright Law has played a great role in the protection of digital copyright,but it is still unable to achieve comprehensive protection,and there are still some imperfections.From this point of view,the simple legal protection of digital copyright cannot be taken into account.It still needs to be combined with technical protection means,cooperate with social conditions,and work together to create a harmonious and healthy online publishing environment and promote the protection of digital copyright.

Where Do You Draw the Line In Copyright Infringement?

Famous Chinese film director Chen Kaige has made a big comeback with the release of his visually breathtaking movie The Promise, a $44 million mythological epic said to be the most expensive film in the history of Chinese cinema. As with every project Chen is involved in, the film has drawn extensive attention before and after its screening. Having been given a Golden Globe nomination for

Dilemma and Solution for Relief in the Right to Equal Employment-From the Perspective of Rectifying Private Law with Social Law

At present,the legal remedies in terms of the right to equal employment in China are mainly related to private law,that is,laborers seek direct legal remedies for personality rights liability and infringement liability according to typical private law,supplemented by indirect remedies for labor contract liability under special private law.However,there are many challenges in private law remedies for the right to equal employment,which are manifested in the misunderstanding of the general tort identification of employment discrimination,the loopholes in the regulations on discriminatory employment,the imbalance in the burden of proof,and the limitation and alienation of the functions of civil liability and private law autonomy.The root of those problems lies in the fact that the nature of anti-employment discrimination law is not private law but social law.Equal employment involves both public and private interests,and it should be based on the public interest of society and adhere to the value orientation of prioritizing fairness while taking into account efficiency.Improving the legal relief mechanism for protecting the right to equal employment,with a focus on correcting private law with social law,is the solution to the dilemma.Specific measures include establishing the special tort liability system for equal employment,the legal mechanism against discriminatory labor contracts,the public-private integrated legal responsibility system,and an essentially fair system for the responsibility of adducing evidence.

功能对等理论在法律术语翻译中的适用

在借鉴和移植西方国家法律制度的过程中,法律术语的误译给法学研究者带来了很大的障碍,甚至误入歧途。法律术语翻译的最大难题在于如何实现语言学和法律上的双重对等。本文从个案研究出发,尝试以奈达的功能对等理论来指导法律术语的翻译,并提出了自己关于法律术语翻译的一些见解。

Geomechanical monitoring of rock's massive in zones of breaks

For safe development of underground space and especially in areas of geological infringements it is necessary to creat effective system of tracking, forecasting and management for deforming processes in such areas-system of geomechanical monitoring. Besides it is necessary to study and imagine the internal mechanism of deforming processes in such special zones. In the paper some basic aspects of creation of geomechanical monitoring systems for realization of supervision, study and modelling of deforming processes, for modelling and study of the stress-strain state of massif in areas of large-scale underground mining works in view of a block-hierarchical structure of rock’s massive (presence of geological infringements) are considered. In particular such important tasks, as research of deforming processes in areas of geological infringements with the help of GPS-technologies and use of the received results for the modeling; construction of models adequately describing a condition of rock’s massive in area of geological infringement. Some results of researches on study of cavities influence on occurrence of an area of limiting conditions in region of geological infringement and possible shift along infringement are submitted.

Machine Learning-Based Advertisement Banner Identification Technique for Effective Piracy Website Detection Process

In the contemporary world, digital content that is subject to copyright is facing significant challenges against the act of copyright infringement.Billions of dollars are lost annually because of this illegal act. The currentmost effective trend to tackle this problem is believed to be blocking thosewebsites, particularly through affiliated government bodies. To do so, aneffective detection mechanism is a necessary first step. Some researchers haveused various approaches to analyze the possible common features of suspectedpiracy websites. For instance, most of these websites serve online advertisement, which is considered as their main source of revenue. In addition, theseadvertisements have some common attributes that make them unique ascompared to advertisements posted on normal or legitimate websites. Theyusually encompass keywords such as click-words (words that redirect to installmalicious software) and frequently used words in illegal gambling, illegal sexual acts, and so on. This makes them ideal to be used as one of the key featuresin the process of successfully detecting websites involved in the act of copyrightinfringement. Research has been conducted to identify advertisements servedon suspected piracy websites. However, these studies use a static approachthat relies mainly on manual scanning for the aforementioned keywords. Thisbrings with it some limitations, particularly in coping with the dynamic andever-changing behavior of advertisements posted on these websites. Therefore,we propose a technique that can continuously fine-tune itself and is intelligentenough to effectively identify advertisement (Ad) banners extracted fromsuspected piracy websites. We have done this by leveraging the power ofmachine learning algorithms, particularly the support vector machine with theword2vec word-embedding model. After applying the proposed technique to1015 Ad banners collected from 98 suspected piracy websites and 90 normal orlegitimate websites, we were able to successfully identify Ad banners extractedfrom suspected piracy websites with an accuracy of 97%. We present thistechnique with the hope that it will be a useful tool for various effective piracywebsite detection approaches. To our knowledge, this is the first approachthat uses machine learning to identify Ad banners served on suspected piracywebsites.

Measuring Whitespace Pattern Sequences as an Indication of Plagiarism

There are several methods and technologies for comparing the statements, comments, strings, identifiers, and other visible elements of source code in order to efficiently identify similarity. In a prior paper we found that comparing the whitespace patterns was not precise enough to identify copying by itself. However, several possible methods for improving the precision of a whitespace pattern comparison were presented, the most promising of which was an examination of the sequences of lines with matching whitespace patterns. This paper demonstrates a method of evaluating the sequences of matching whitespace patterns and a detailed study of the method’s reliability.

A Code Correlation Comparison of the DOS and CP/M Operating Systems

For years, rumors have circulated that the code for the original DOS operating system created by Microsoft for the IBM personal computer is actually copied from the CP/M operating system developed by Digital Research Incorporated. In this paper, scientifically tested and accepted forensic analysis mathematical techniques, step-by-step processes, and advanced software code comparison tools are used to compare early versions of the two code bases. The conclusion is reached that no copying of code takes place1.

Source Code Comparison of DOS and CP/M

In a previous paper [1], I compared DOS from Microsoft and CP/M from Digital Research Inc. (DRI) to determine whether the original DOS source code had been copied from CP/M source code as had been rumored for many years [2] [3]. At the time, the source code for CP/M was publicly available but the source code for DOS was not. My comparison was limited to the comparison of the DOS 1.11 binary code and the source code for CP/M 2.0 from 1981. Since that time, the Computer History Museum in Mountain View, California received the source code for DOS 2.0 from Microsoft and was given permission to make it public. The museum also received the source code for DOS 1.1 from Tim Paterson, the developer who was originally contracted by Microsoft to write DOS. In this paper, I perform a further analysis using the newly accessible source code and determine that no code was copied. I further conclude that the commands were not copied but that a substantial number of the system calls were copied.

TRIAL BY INTERNET

Internet courts again made headlines across China after a ruling on a highprofile case against Chinese internet giant Netease for copyright infringement in August 2017.

A survey on security analysis of machine learning-oriented hardware and software intellectual property

Intellectual Property(IP)includes ideas,innovations,methodologies,works of authorship(viz.,literary and artistic works),emblems,brands,images,etc.This property is intangible since it is pertinent to the human intellect.Therefore,IP entities are indisputably vulnerable to infringements and modifications without the owner’s consent.IP protection regulations have been deployed and are still in practice,including patents,copyrights,contracts,trademarks,trade secrets,etc.,to address these challenges.Unfortunately,these protections are insufficient to keep IP entities from being changed or stolen without permission.As for this,some IPs require hardware IP protection mechanisms,and others require software IP protection techniques.To secure these IPs,researchers have explored the domain of Intellectual Property Protection(IPP)using different approaches.In this paper,we discuss the existing IP rights and concurrent breakthroughs in the field of IPP research;provide discussions on hardware IP and software IP attacks and defense techniques;summarize different applications of IP protection;and lastly,identify the challenges and future research prospects in hardware and software IP security.

CLUSTERING PATENTS USING NON-EXHAUSTIVE OVERLAPS

Patent documents are unique external sources of information that reveal the core technology underlying new inventions. Patents also serve as a strategic data source that can be mined to discover state-of-the-art technical development and subsequently help guide R＆D investments. This research incorporates an ontology schema to extract and represent patent concepts. A clustering algorithm with non-exhaustive overlaps is proposed to overcome deficiencies with exhaustive clustering methods used in patent mining and technology discovery. The non-exhaustive clustering approach allows for the clustering of patent documents with overlapping technical findings and claims, a feature that enables the grouping of patents that define related key innovations. Legal advisors can use this approach to study potential cases of patent infringement or devise strategies to avoid litigation. The case study demonstrates the use of non-exhaustive overlaps algorithm by clustering US and Japan radio frequency identification （RFID） patents and by analyzing the legal implications of automated discovery of patent infringement.

Criteria for determining illegality and the theory of anti-value acts （Handlungsunwert）： with a discussion of the standpoint of contemporary Chinese criminal jurisprudence

The doctrine of illegality serves as a touchstone of criminal law theory, and research into the criteria for determining illegality is of great significance for promoting debate between different schools of thought and for the overall development of Chinese criminal jurisprudence. The theories of anti-value consequences （Erfolgsunwert） and anti-value acts （Handlungsunwert） take different approaches to thinking about the issue of illegality, leading to differences in the scope of establishing what constitutes a crime, the process of determining whether a crime has been committed, the relationship between crime and punishment and the correlation between criminal law and society. The （dualistic） theory of anti-value acts takes into full consideration the social reality and normative anticipations of a given period and gives due weight to the function of criminal law in guiding behavior; it is therefore a rational theory. According to this view of illegality, the act is the core issue determining illegality; infringement of legal interests is simply an element determining the ＂nature of the act.＂ Criminal law does not exist only to provide restitution for injury, but also aims to cultivate citizens＇ consciousness of norms to prevent possible future injury. Contemporary criminal jurisprudence in China should be constructed on the basis of the （dualistic） theory of anti-value acts with a view to responding to the needs of society and promoting normative identification on the part of the general public.