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
It has been generally recognized that strategic environmental assessment integrates environment and development into decision-making and becomes an important decision-making tool for implementing sustainable developme...It has been generally recognized that strategic environmental assessment integrates environment and development into decision-making and becomes an important decision-making tool for implementing sustainable development. This paper firstly introduces the relationships of SEA, public participation(PP)and information publicity(IP),then discusses the key parts in enforcing the effective process of PP: They are the methods for how to make sufficient information open (What), when to implement PP (When), who will determinate the public (Who), and how to make the models of PP (How). Six cases are compared and analyzed. At last, ways to improve the effectiveness of PP in China is also presented.展开更多
History The importance of working with and through NGOs as an integral part of United Nations information activities was recognized when the Department of Public Information was
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It has been generally recognized that strategic environmental assessment integrates environment and development into decision-making and becomes an important decision-making tool for implementing sustainable development. This paper firstly introduces the relationships of SEA, public participation(PP)and information publicity(IP),then discusses the key parts in enforcing the effective process of PP: They are the methods for how to make sufficient information open (What), when to implement PP (When), who will determinate the public (Who), and how to make the models of PP (How). Six cases are compared and analyzed. At last, ways to improve the effectiveness of PP in China is also presented.
文摘History The importance of working with and through NGOs as an integral part of United Nations information activities was recognized when the Department of Public Information was
