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Non‑fungible tokens:a bubble or the end of an era of intellectual property rights
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作者 Elli Kraizberg 《Financial Innovation》 2023年第1期777-796,共20页
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
关键词 Non-fungible tokens intellectual property rights STATUS
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The Conflict and Balance Between Intellectual Property Rights and Public Freedom of Information in the“Anti-circumvention Clause”
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作者 龚珊珊 严小翔 SHEN Jinjun(译) 《The Journal of Human Rights》 2023年第5期1115-1133,共19页
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
关键词 anti-circumvention clause intellectual property rights public information freedom balance of interests human rights
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Inheritance,Innovation and High-quality Development of Herbaceous Edible Oils in Hubei Province under the Strategy of Strengthening the Country with Intellectual Property 被引量:4
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作者 Li GAO Yuanpeng SUN +2 位作者 Jin ZENG Jianjun ZHANG Zhiguo SUN 《Asian Agricultural Research》 2023年第12期5-15,共11页
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
关键词 HERBACEOUS EDIBLE OIL crops Vegetable EDIBLE OIL Big food concept intellectual property right HUBEI Province
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Construction of China Osmanthus City and Intellectual Property Right Protection in Xianning City in the Context of Three New Developments 被引量:12
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作者 Li GAO Zhiguo SUN +2 位作者 Yueqiu HE Jiandong LAI Hongguo CHEN 《Asian Agricultural Research》 2022年第9期1-6,15,共7页
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
关键词 China Osmanthus City Three new developments(new development stage philosophy and paradigm) OSMANTHUS intellectual property right High-quality development
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The Establishment of Intellectual Property Rights
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作者 邹文静 于正河 《科技信息》 2013年第1期287-289,共3页
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
关键词 知识产权 法律 著作权法 作者
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The Development of China's Intellectual Property Law over the Past Forty Years of Reform and Opening Up
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作者 Wu Handong Liu Xin Wu Lingwei 《Contemporary Social Sciences》 2018年第5期95-117,共23页
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 whi... 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. 展开更多
关键词 Reform and opening-up intellectual property law CODIFICATION MODERNIZATION INTERNATIONALIZATION
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Strengthening Protection Of Proprietary Intellectual Property Rights and Implementation of Technology Standard Strategies
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作者 Hu Qingping 《China Standardization》 2010年第6期41-49,共9页
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
关键词 proprietary intellectual property rights technology standard STRATEGY
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The Existing Problems and Their Countermeasures of Regional Brand of Intellectual Property Rights Which Affecting The Long-term Development of Regional Economy
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作者 Feng Hong Danqing Liang 《Journal of Zhouyi Research》 2014年第4期67-69,共3页
关键词 区域经济发展 知识产权 区域品牌 权利 品牌保护 经济竞争力
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Intellectual Property Protection,Inheritance,Innovation and Development of Woody Edible Oilseeds in Hubei Province 被引量:5
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作者 Li GAO Yuanpeng SUN +2 位作者 Jianjun ZHANG Jin ZENG Zhiguo SUN 《Asian Agricultural Research》 2023年第11期6-14,共9页
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
关键词 Woody edible oilseeds Vegetable edible oil Grain and oil Safety Big food concept intellectual property rights Hubei Province
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Inheritance,Innovation and Development of Wuling Mountain Area in Hubei Province Based on Intellectual Property Rights 被引量:5
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作者 Miaomiao XU Yuanpeng SUN +1 位作者 Zhiyang LIU Zhiguo SUN 《Asian Agricultural Research》 2022年第8期1-8,12,共9页
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
关键词 intellectual property rights(IPRs) Inheritance and innovation High-quality development Strategy of strengthening the country with intellectual property rights
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Timberland Investing and Private Property Rights in the United States of America
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作者 Caroline Harris Tom Harris Jacek Siry 《Open Journal of Forestry》 2020年第4期428-444,共17页
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”) le... 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. 展开更多
关键词 Forest Economics property law property rights Private Land Ownership History of Forestry Alternative Asset Classes Premises Liability Recreational Land Use Business law Capital Use Real Estate Title Rule of law United States Constitutional law Legal History
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Brief Analysis on the Right of Privacy in a Perspective of Law and Economic
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作者 XUE Yang 《Review of Global Academics》 2015年第2期528-531,共4页
The development of the technology of network had been of great convenience to get access to information. However, it was undeniable that a bad phenomenon had become even more and more serious that others' information... The development of the technology of network had been of great convenience to get access to information. However, it was undeniable that a bad phenomenon had become even more and more serious that others' information would be obtained by illegal means, and the research on the protection of privacy had increasingly aroused people's concern. The right of privacy not only had the usually outside personality characteristics, but also had a certain characteristics of property. This paper had attempted to study the right of privacy from the perspective of law and economics by interpreting the property in the right of privacy, in order to perfect the protection system of privacy in our country. 展开更多
关键词 right of privacy law and Economic right of property Costs and benefits
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Carry Out Open Standard & Promote Independent Creation Seminar of "Open Standard, Intellectual Property Rights and Innovation"
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作者 Ni Guangnan 《China Standardization》 2007年第1期18-22,共5页
关键词 Promote Independent Creation Seminar of intellectual property rights and Innovation Carry Out Open Standard OSS office OPEN Open Standard Linux
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An Analysis and Comments on the First IT Intellectual Property Right Case in China
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作者 冯薇 银路 《Journal of Electronic Science and Technology of China》 2006年第4期323-327,共5页
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
关键词 IT enterprises PATENT intellectual property rights
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Rape Breeding and Its Intellectual Property Protection in China 被引量:6
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作者 Li GAO Leying WU +3 位作者 Yamin PENG Yuanpeng SUN Jin ZENG Zhiguo SUN 《Agricultural Biotechnology》 CAS 2023年第3期23-30,共8页
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
关键词 RAPE RAPESEED Rape breeding intellectual property rights Edible oil supply safety China
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Study on Agricultural Intellectual Property Protection and High-Quality Development of Traditional Chinese Medicine of Ginseng 被引量:7
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作者 Yuanpeng SUN Zhe WU +2 位作者 Xueqin SIMA Yanling SUN Zheng CHENG 《Asian Agricultural Research》 2019年第6期5-11,共7页
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
关键词 GINSENG TRADITIONAL CHINESE MEDICINE AGRICULTURAL intellectual property rights Development STRATEGY of TRADITIONAL CHINESE MEDICINE Rural revitalization STRATEGY
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Factors Affecting Enterprise Intellectual Property Rights
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作者 董舒翼 《China Communications》 SCIE CSCD 2011年第5期173-178,共6页
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
关键词 telecommunications enterprises intellectual property rights affecting factors
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A Cross-Border E-Commerce Intellectual Property Rights
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作者 Linjun Cai 《Journal of Finance Research》 2020年第1期112-117,共6页
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
关键词 NetEase Kaola Trademark right intellectual property Cross-border electricity IPR
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China Court Cases on Intellectual Property Rights——First Chinese-English treatise on lP-related case analyses;hard cover,900 pages
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《中国专利与商标》 2002年第3期16-16,共1页
For the purpose of summarising the judicial experiencein adjudicating IP-related cases and familarising the readersin China and overseas with the practical situation of
关键词 In China Court Cases on intellectual property rights First Chinese-English treatise on lP-related case analyses hard cover 900 pages case
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National Strategy on Intellectual Property Rights to Be Launched This Year
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《China Standardization》 2007年第4期38-,共1页
  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
关键词 BE National Strategy on intellectual property rights to Be Launched This Year
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