The Development of China's Intellectual Property Law over the Past Forty Years of Reform and Opening Up

Over the past forty years of reform and opening-up,China has experienced vigorous development of Intellectual Property Law.During this period,it has successively enacted and promulgated a range of basic laws,among which are the Trademark Law of the PRC,the Patent Law of the PRC,the Copyright Law of the PRC and the AntiUnfair Competition Law of the PRC; and many other related laws and regulations,such as the Regulations of the PRC on the Protection of New Varieties of Plants,Regulations on Protection of Integrated Circuit Layout Design and Provisions on the Protection of Geographical Indication Products.In this way,China has gradually established a relatively sound and complete intellectual property law system.Since the beginning of reform and opening-up,China's practice of intellectual property legislation has adhered to its institutional positioning of being subject to its civil law,safeguarding effective market competition and ensuring the implementation of national strategies.It has followed the development rules of relying on scientific & technological progress,targeting economic and social development and adjusting public policies for guiding purposes.Thanks to this,China has formed multiple coordinating mechanisms to settle conflicts of interests between the protection of intellectual property rights(IPR) and the protection of basic human rights,public health,genetic resources,traditional knowledge,etc.In the future development of China's intellectual property law,a trend of codification will emerge,which will primarily "include intellectual property law in the civil code" or "enact an intellectual property code." The modernization of China's Intellectual Property Law will be manifested in the changes of the defining standard of Intellectual Property Rights(IPR)subjects,the utilization patterns of IPR objects and the protection models of intellectual property.This internationalization will center on creating a new order for international IPR protection.

STRONG LAW OF LARGE NUMBERS AND ASYMPTOTIC EQUIPARTITION PROPERTY FOR NONSYMMETRIC MARKOV CHAIN FIELDS ON CAYLEY TREES

Some strong laws of large numbers for the frequencies of occurrence of states and ordered couples of states for nonsymmetric Markov chain fields （NSMC） on Cayley trees are studied. In the proof, a new technique for the study of strong limit theorems of Markov chains is extended to the case of Markov chain fields, The asymptotic equipartition properties with almost everywhere （a,e.） convergence for NSMC on Cayley trees are obtained,

Landmark Law Provides Equal Safeguards to Public,Private Property

Atier more than a quarter-century of market-oriented economic policies and unprecedented economic growths, China on March 15, 2007enacted its first law that provides equal legal safeguards to both public and private properties. The 247-article People＇s Republic of China Property Law, which is due to come into effect as of October 1, 2007, stipulates that ＂the property of the State, the collecfive, the individual and other obligees shall be protected by law, and no units or individuals may infringe upon it＂.

Intangible Property: Protection of Virtual Property in Electronic Games in China and US

With blossoming of the electronic games,the strategy of game developer preference is that the player uses real money to buy the virtual property in the game.The purpose for the strategy which keeping the game promote and developing the game system on the platform to attract more users.With the increasing amount of game,the main strategy is same.The chain,the End User License Agreement(EULA)which between the game developer and player is vital.EULA used to rule that the virtual property is belong to the game developer.However,for now,the virtual property has different acquisition way,“all virtual property belongs to the developer”since already unfair.Staring from the first virtual property lawsuit in China,this paper introduces the virtual property of electronic game and legal protection in US and China.Second,discussion the reasons to protection virtual property and provide proposals for a potential legislative solution in China.At the end,this paper presents the reason that copyright law not suitable to protect the virtual property.

Timberland Investing and Private Property Rights in the United States of America

Investments in rural land for agriculture, timber, and other natural resource purposes occur frequently and globally. Fundamental principles of liberty and property found in the United States of America’s (“US”) legal system, from its origins to recent US Supreme Court decisions, continue to positively benefit holders of real estate in the Southern US, through a deep-rooted public policy of supporting private property rights and rural economic development. This stable rule of law enhances the long-term adaptability and sustainability of timberland as an asset class. This article is a commentary. It combines legal research methodology with the observations and conclusions of the authors. Its purpose is to demonstrate that the existence of alienable, documentable ownership, and related property rights create inherent stability and security. These principles form the basis of a culture that is defined by the rule of law and is “open for business.” This business mindset is particularly prevalent in the Southern US.

欧陆“物文主义”民法观的兴衰

民法是调整经济关系的基本法的观念流行于我国,导致人们认为民法与经济的关系历来如此密切。实际上,结合民法与政治经济学的思潮在《法国民法典》之后才萌发于意大利,后传播到欧洲主要国家,其中的沙俄—苏联学派对我国影响最大,是我国商品经济民法观的母本,导致家庭法被剥离出民法。在1980年后,意大利兴起了民法的“去财产法化”的思潮,人们发现,把民法单纯作为调整经济生活的工具是一个错误,并开始纠偏,承认民法具有广泛的非经济功能。我国《民法典》设立独立的人格权编并迎归家庭法,已经完成了民法的“去财产法化”。一些学者基于惯性,还在宣传民法是市场经济的基本法,这样的错论应得到纠正。

THE GENERIC PROPERTIES OF SOLUTIONS OF A CONSERVATION LAW

In this paper we answer all the questions about the conjectures of Glimm and Lax on genericproperties of solutions. We prove that the discotinuous points of almost every solution with L∞,bounded varistion or contrinuous data are dense in the upper half-plane minus the closure of the setof central simple waves. It is also proved that if the equation is analytic,then the solutions withpiecewise analytic data are piecewise analytic,and the shock curves are also piecewise analytic. Wedisprove the conjecture which claims that almost every solution with C^k data is 'bad' enough, and provethat every solution with C^k data possesses nice propetied, i.e. when k≥4 the generic property ofsolutions is piecewise C^k,and hence is 'good' enough.For the proof of the generic property withC^k (k≥4) data, the idea of transversality in the theory of singular points is essential.

Plato the Democrat？ Some Thoughts on the Politics of the Laws

In the Laws （which Plato calls his ＂second-best society＂） Plato asserts that the best attainable form of society will combine the better features of autocracy and democracy. The democracy will be one where aidos （＂respect＂） will be a prominent feature, as will be the rule of laws underpinned by the belief that God, not man, is the measure of all things. Unlike in the Republic, the accumulation of wealth and property will be the right of all citizens, including rulers. But it will operate under strict limits： a maximum of four quanta of property will be allowed by any citizen, while a minimum of one （which will provide a good life though perhaps not a rich one） will be guaranteed. The affinity of such a view with that of John Rawls is striking. The article ends with a brief interview between the reader and Plato, in which some of the above issues are discussed.