Cause of action: infringement of signature right
Du Mou built an archway for the farmers' market, and asked Zhan Mou to draw a painting on the archway with the theme of crossing the sea and getting married in Taoyuan, riding a thousand miles by one person, and a landscape painting as the main picture of the archway. After the completion of the main painting, Du Mou signed the Eight Immortals Crossing the Sea without authorization, indicating that Du Mou was the producer of the painting, which was reported by the local TV station and had certain influence. Zhan therefore appealed to the court on the grounds that Du infringed his copyright.
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The court of first instance ruled that Du Mou was ordered to delete the words marked Du Mou as a painter on the theme map of Crossing the Sea, and compensated Zhan for various losses 1 1,000 yuan. Du refused to accept and appealed. The court of second instance ruled that although Zhan had no copyright on the picture of the Eight Immortals crossing the sea copied by Du Mou, Du Mou signed the painting made by others without authorization, which constituted infringement and should eliminate the influence and compensate for the losses. Therefore, the original judgment was upheld.
Jurisprudential analysis
The key to this case lies in the attitude towards plagiarism. According to article 52 of the current copyright law, copying is a kind of copying behavior. But in reality, some scholars believe that plagiarism contains creative behavior. Some people divide copying into two types, namely "copying" copying and "making" copying. Copywriters do not enjoy copyright for products copied and copied; As for the "production" with creative significance, it is far from simple copying to reflect the artistic expression of the copyist. It is a new work created by the copywriter according to his own creative skills and skills, and the copywriter should enjoy relatively independent copyright. "
Intellectual property rights, also known as "intellectual property rights", refer to "the property rights enjoyed by the obligee on the fruits of intellectual labor created by him", which are generally valid only for a limited period of time.
Adopt me, thank you!
2. Are there any examples of intellectual property protection?
"Sweet and sour is me" infringes. "Sweet and sour is me" is the representative song of Super Girl Baby Zhang. Recently, this song was included in The Complete Works of China and Jin Dian published by Jilin Audio and Video Publishing House, which triggered a lawsuit.
Baby Zhang brokerage company-Beijing Tianzhong Culture Development Co., Ltd. sued Beijing Wonderful Unlimited Audio and Video Co., Ltd., Hebei Jiyuan Optoelectronics Co., Ltd. and Jilin Audio and Video Publishing House to the Dongcheng District People's Court in Beijing, demanding compensation of 30,000 yuan for economic losses. According to the original report, Super Girl Baby Zhang is its signing artist, and the plaintiff provided the copyright to publish Super Girl's debut album "I am very Baby Zhang", including the song "I am sweet and sour", so the plaintiff enjoyed the right to record the song.
In 2007, the plaintiff found that the first defendant, Beijing Wonderful Unlimited Co., Ltd., sold CDs marked "Latest Fashion Owner" printed by the second defendant, Hebei Jiyuan Optoelectronic Company, and the third defendant, Jilin Audio and Video Publishing House. There is the song "Sweet and sour is me" on the CD. The defendant's behavior did not obtain the plaintiff's consent and authorization, which caused great economic losses to the plaintiff. Therefore, the defendant is required to immediately stop the infringement and compensate the plaintiff for the economic loss of 30,000 yuan.
During the trial, in order to support his claim, the plaintiff showed the court the broker's contract signed by the company and the super girl Baby Zhang, stipulating that the plaintiff enjoyed the property rights of all the songs sung by Baby Zhang. As Baby Zhang was under the age of 18 when signing the contract, the contract was signed by his mother.
In view of this, the three defendants have no objection to the plaintiff's rights. At the same time, the defendant Beijing Wonderful Unlimited Audio & Video Co., Ltd. fully admitted to selling the infringing CD involved, but proposed that the defendant had legal channels to buy the CD and completely stopped selling it after September 20, 2007.
The other two defendants also recognized the publication and distribution of pirated CDs, but thought that the amount of compensation demanded by the plaintiff was too high. In addition, the defendant Hebei Jiyuan Optoelectronic Company believes that the CD was copied by the defendant Jilin Audio-visual Publishing House, and Jilin should bear the tort liability according to the power of attorney.
In view of the fact that the first defendant Wonderful Unlimited Company has stopped selling, the plaintiff withdrew the lawsuit against the company in court, but still claimed that the other two defendants were jointly and severally liable for compensation. The case was not pronounced in court.
3. Intellectual property protection composition
Respect intellectual property rights in the world, as long as there are intellectual property rights, the world will be fair and just; Many people, in order to covet profits, do not hesitate to cheat money by any means. The diabolical means are as numerous as sand and stone. What will make me most indignant is this matter.
Today, the art teacher said to use white latex as a model. After school, I couldn't help running into the sales market in Ye Jia and bought a white latex that everyone agreed to spend a few seconds per hour. After that, I started to make models, with white latex in one hand and toothpicks as the main material in the other. I was just about to put white latex on the toothpick, but the white latex insisted on opposing me and refused to "come out" anyway. I have no choice. Although I tried my best, white latex was equally indifferent. I think: I bought a bottle of white milk education before, and I am not as stubborn as this. Is it ... is it impossible that this bottle of white milk education is "fake"? So, I decided to get to the bottom of it and compare the previous bottle. In comparison, it is really full of loopholes, and there are loopholes everywhere. I was shocked and shouted, "How is it possible!" A closer look reveals that the brand paper on the surface of the bottle of white latex just bought is quite different. Although it looks almost as big as the previous bottle, there will always be a small "R" trademark in the middle of the old bottle, and even the shadow of the trademark can't be seen in the new bottle. I think it has escaped. This evidence proves that my idea is right-the newly bought white latex is a "fake". So, I pressed the old white latex lightly, and the mucilage flowed out without hesitation. I ran out of energy without much effort. Yes, compared with the new white latex just bought, it is simply vulnerable. I opened the lid again and poured out some old mucus bottles. I found the mucilage smooth, white and flawless. But on the contrary, pouring out the glue of the bottle of white latex that I just bought, I found it was a mass of glue, which was not smooth at all; The contrast is obvious, the new white latex is really not as good as the old one! What pains me is not that I bought "fake" white latex and wasted my money, but that I hate people who are crazy about money. They are simply lawless and arrogant, deceiving our business attitude and taking advantage of the trust of customers, so it is really disgusting to do such unscrupulous things. Such people should be severely punished.
If there is no fairness and justice that the world should have, then the world will become dirty, and those who pirate and sell "fake goods" will be severely punished by law, because they no longer recognize the original intention of "respecting intellectual property rights." What's more, those people should reflect on themselves, stop being "tempted" by money and stop doing things that infringe intellectual property rights. Then, the world will be more fair and just.
4. Respect the composition of intellectual property rights
"Knowledge is power" is true.
In today's society, unlike in the past, where wars are raging and the world is basically peaceful, there are too many "civil servants" than "military officers". The wisdom of so many "civil servants" is amazing.
Someone has given an example: the manufacturer can only get 20% profit from making a mobile phone, while the inventor can get 80% profit. Thus, the value of wisdom is enormous.
Countless people, countless wisdom and ideas are intertwined, resulting in a new problem-intellectual property protection. There are countless people or things who didn't know about the protection of intellectual property rights before: small brands gradually became famous, but they were already registered by others when they were preparing to register their trademarks; Personal works are published by others, but they cannot be proved to be their own; Personal inventions are imitated by others, but there is no way to start; China's Dragon Boat Festival was registered by South Korea, and even more repugnantly, it was internationally recognized.
But what can we do? People are "legal" if they are not illegal. If they want to, they can only blame our country for paying too little attention to the protection of culture! The serious consequences caused by the ineffective protection of so many intellectual property rights are shocking! Everyone started the corresponding protection. However, "interest first" has long been deeply rooted in people's hearts! They try their best to steal other people's intellectual achievements.
Be careful with the blank of the law, and what's more, copy it openly and directly. Gradually, all kinds of "shanzhai" and "piracy" emerge one after another.
In any busy place, there must be stalls selling pirated CDs on both sides of the road. There is also a stall selling pirated books, which reminds me of a story: in a poor mountainous area, children need a dictionary to study, but because of poverty, there are only two books in the village, but they are still pirated.
Knowing where the teacher taught, * * * mobilized others to donate books for the children, and finally let the children use genuine dictionaries. Thinking of this, I can't help but feel an unspeakable sadness ... the appearance of pirated software, pirated books, pirated CDs and pirated movies ... these things are carried away by people's interests! In order to save money, do everything possible to find "cracking software"; In order to save money, we have been wandering in front of roadside stalls. In order to save money, we ... there are too many examples, which are really endless! With the progress of society, people's material life has improved, but what about people's thoughts? Because of piracy, real publishers can't make money; Publishers face bankruptcy if they can't make money; After bankruptcy, we can't provide people with better products ... everything is linked by one link, and our "first link" is not fastened properly. In the end, it's ourselves who are unlucky! I opened the website at night and wanted to continue to watch foreign blockbusters "for free", but I found that many films were missing.
Looking back at the latest newspaper, I first understood, then confused, then dissatisfied, and then suddenly realized. Finally, I calmed down and understood all this-the country finally began to strictly investigate piracy and strengthen intellectual property protection.
5. Seek 10 legal story.
[Share] Three legal stories let you realize the close relationship between law and life. Story 1 More than 8 o'clock yesterday morning; As soon as Ms. Zhang got up, she heard a lot of noise in our yard: it turned out that an old man in their yard was a little slow because he was old and ran over someone else's puppy on his bicycle, and the dog leader was determined; Had to force the elderly to pay compensation.
In fact, it's nothing serious, just a little touch on that beast! When Ms. Zhang saw this situation, she got dressed and went downstairs. Ask about the time to press the dog; Say to the man: "First; We need you to show me your legal dog license. Second; You are walking the dog at the wrong time. According to the relevant laws of Liaoning province, it is from 7 pm to 7 am the next day! Third; You should be glad that your dog didn't shake the old man, or you will be at your own risk! " After listening to Ms. Zhang's words, the dog leader also consciously lost money, chatted up a few words and left! From this story, we can see that: master more legal knowledge; It can really achieve the goal of minimizing major issues and minimizing minor issues! Story 2: Mr. Wang works in other places, far from home, and usually goes home less, mostly by telephone. One day, while he was at work, his father called and said, "Yesterday, your uncle and I had a big fight over the division of hilly land. Your uncle said he wanted someone to hit me. "
A few days later, my father called again: "The matter of staying in the mountain has not been decided yet, and new problems have come again." As soon as Mr. Wang heard the drums in his heart, he even asked what was going on. His father said, "Your second uncle and I quarreled again because of the room problem. I want to hit your second uncle. If I make him unsuitable, I will throw caution to the wind even if I take a cell. "
"He also demanded that Mr. Wang be sentenced to several years in prison for wounding. Mr. Wang quickly said, "You have to listen to me this time anyway. Don't worry. "
Father said, "Come on, cut the crap." Mr. Wang told him that he should bear criminal responsibility for hitting people, and he should also be liable for damages if he is injured. Things between brothers are better reconciled.
Private mountain and guild hall belong to the adjustment scope of general principles of civil law, but they also involve the relevant provisions of inheritance law. It was difficult to make it clear on the phone, so Mr. Wang sent back the legal knowledge about the general principles of civil law and inheritance law and the relevant evidence needed in the settlement, hoping that he and his uncle could solve the dispute through legal channels. Two months later, my father wrote and said, "The dispute between me and my second uncle has been settled through legal means, and everyone has no objection.
In recent days, our relationship has gradually improved. "It is said that from then on, my father told his relatives and friends about the legal knowledge he had learned as soon as he was free.
Later, my father became more and more interested in legal knowledge. He always calls Mr. Wang for advice on what happens in the village. This story shows that the law seems far away, but in fact it is very close to life, and it solves things that are closely related to the daily life of ordinary people.
Story 3: Self? Male [jiao bogey box? Guide Korea? What's the matter with you? Drop na? Ping? R go out, whether it's a five-minute walk or a fifty-minute distance, as long as? When it rains, he is used to taking a bus. It rained heavily that day. Xiaoji thought he couldn't go to school by bus today, so he had to take an umbrella and take a ride to school.
Rest at noon? R, Xiaoji suddenly found that she left the report she had to hand in this afternoon at home and forgot it? So he? Q will go home. Xiaoji once walked to his usual parking place and looked for it for a long time? Starting today? k？ ] hitchhiking? W school
This? Xiaoji found the key of a motorcycle still stuck in the car. ] Have you been unplugged? I wanted to give him the key to the school guard room, but he remembered that he had to go home. How's the weather today? ] I have a bike, so I might as well borrow it! He estimated? Round trip? Lounge, about half a size? r？ Dyed tip? W school, and then replace? The owner of the son? [14] Cut down and grasp the arrogance? Lang? Maybe? The owner of the child doesn't know his own? Zi has borrowed a ride! Riding a horse? On my way home, I met a policeman on patrol. The police asked Xiaoji to take out his driver's license? Alliance? Xiaoji, who has a driver's license, explained to the police that she just borrowed this motorcycle. What else? It means stealing. What if Xiaoji can prove to the competent judge that she is not? ] It was illegal and intentional, and the judge believed him, so his behavior was not? ? ψ What is the reason? ? What happened to the tears of circular operation? Do you know yourself? It is difficult to have illegal intentions.
So, as long as it's not yours? | West, it's best not to borrow or manage others, so as not to provoke? The upper body doesn't know. The story of legal protection in several short stories: who is responsible for the injury while working at school? Sun Xiaoming is a junior one student in a middle school. Not long ago, he was injured while working at school, and his mood was very low.
Xiaoming's school is a rural junior high school, and several classrooms are in disrepair. The school decided to demolish and rebuild these classrooms during the winter vacation. In order to save money, the school let all the boys in Grade One and Grade Two come to the school to take part in "voluntary labor", the content of which is to move the broken bricks in the ruins.
During the work, because there was no teacher at the scene, Xiao Ming chased and roughed up with his classmates during the break, and the classmates knocked down an unfinished wall and killed Xiao Ming. Later, Xiao Ming's parents asked the school for compensation, but the school thought that Xiao Ming was not injured at work, but because he did not abide by labor discipline, and should be compensated by that classmate's parents.
Story 2: What if the teacher turns on the water and gets burned? Before morning self-study, Meng Xiao, a junior one student, was called to the office by the class teacher and asked to help him make two cups of boiling water with a thermos. I don't know, because the ground was particularly slippery, Mr. Meng accidentally slipped, the thermos bottle broke and Mr. Meng was scalded by boiling water.
Although Meng Xiao's injury was not serious, the doctor let Meng Xiao rest for more than half a month to prevent the wound from being infected, and Meng Xiao's parents also spent a lot of money to treat the child's injury. Afterwards, the head teacher took the responsibility for compensation, but Meng Xiao's parents thought that the school should also take the responsibility.
Story 3: After school that afternoon, the second-grade students locked in their room by the teacher held a basketball game. When Xiaodong was ready to go home after watching the game, he suddenly remembered that the water cup was still in the classroom and took it away from the room. Coincidentally, Xiaodong had just entered the classroom when the teacher came to lock the door, because Xiaodong's seat was in the last row near the door, and the careless teacher didn't find it.
6. I urgently need an article about intellectual property rights.
On the problems and countermeasures of intellectual property protection in China's international trade [Abstract] In the process of economic globalization, intellectual property protection has become one of the most important issues in international trade.
The proportion of intellectual property trade in international trade is increasing day by day, and its role is more significant. With China's entry into WTO, it is of great practical significance to attach importance to and strengthen China's intellectual property protection and cultivate people's awareness of intellectual property rights for the healthy, stable and sustainable development of China's international trade. Starting with the relationship between intellectual property theory and international trade, this paper analyzes the present situation and existing problems of intellectual property in China, and puts forward the countermeasures for intellectual property protection from the strategic height of the state and enterprises.
Keywords: Intellectual property protection strategy Intellectual property mainly refers to the intellectual achievements created and completed by individuals and their organizations in mental work and their exclusive rights according to law. It has the characteristics of invisibility, duality, certainty and exclusiveness.
According to the relevant laws and regulations of China's intellectual property law, the intellectual property rights enjoyed by citizens and legal persons include copyright, patent right, trademark exclusive right, discovery right, invention right and other scientific and technological achievements right. In today's knowledge economy society, intellectual property protection is very important. It not only encourages the invention and innovation of knowledge, but also introduces advanced technology and capital, accelerates the allocation of technological innovation resources and promotes the commercialization and industrialization of new technologies.
Starting with the relationship between intellectual property theory and international trade, this paper analyzes the present situation and existing problems of intellectual property in China, and puts forward the countermeasures for intellectual property protection from the strategic height of the state and enterprises. I. Relationship between intellectual property protection and international trade Intellectual property protection is a reflection of international and international economic relations based on knowledge and an inevitable product of the development of new economy; According to Marx's theory of surplus value, only the production of material materials can produce surplus value, while intellectual property, as an intangible economy, does not produce surplus value itself, and only by participating in the division of value in material production departments can it produce value.
In the process of international trade, some developed capitalist countries have depressed the prices of products in the material sector and raised the prices of non-material economic sectors related to knowledge, thus gaining a more favorable position in international trade. With the continuous development of international trade, intellectual property plays an increasingly important role in international trade, and its importance can be seen from the comparison between international intellectual property and trade in goods and services.
1994 During the Uruguay Round of GATT negotiations, the Agreement on Trade-related Intellectual Property Rights (TRIPS) was formed. 1995 WTO was established and the TRIPS agreement came into effect at the same time. China joined the WTO on 200 1, and the TRIPS agreement has certainly become an important criterion for intellectual property protection in China. Intellectual property protection will have an important impact on international trade.
1. Paying attention to intellectual property protection is beneficial to the healthy development of China's foreign trade. As we all know, foreign trade is the engine of economic growth. With the development of international trade, the knowledge content and technology content of goods and services are getting higher and higher, among which goods involving intellectual property rights account for a large proportion, and this proportion is still rising.
Since the reform and opening up, China has been able to successfully introduce a large amount of foreign capital and foreign advanced technology, largely relying on the establishment and implementation of China's intellectual property system, which has laid a basic guarantee system for normal international trade and investment activities. Only in a good intellectual property protection environment can international trade and investment develop effectively.
2. The adverse impact of intellectual property protection on developing countries In Vernon's product life cycle theory, generally speaking, a country's industry will go through the following four stages: the first stage, creating new products and entering the domestic market; In the second stage, the domestic market is saturated and exported to foreign markets; The third stage, foreign investment, to foreign markets * * * products; The fourth stage is foreign production and export to the domestic market. From the perspective of developed countries, when they are in the second and third stages of the product cycle, they will strongly support free trade; In the fourth stage, when the products in the domestic market were replaced by imported products, the market position of the products in this country began to decline and the market share was challenged.
At this time, we will turn to intellectual property protection, try our best to link the trade policy with intellectual property protection, and implement strict intellectual property protection through compulsory measures in order to slow down the pace of product cycle as much as possible. This is undoubtedly unfair to developing countries with relatively backward technology.
In this way, the protection of intellectual property rights has undoubtedly widened the gap between developed and developing countries, and the gap between the rich and the poor has become more serious. Second, the current problems of intellectual property protection in China's international trade China is the largest developing country in the world. With the world entering the era of economic globalization and China's accession to the WTO, China * * * has established and formulated relevant legal systems in intellectual property protection, and has made universally recognized achievements.
However, our society is still in the primary stage, and the market economy system needs to be improved. In international trade, there are still some problems to be solved urgently in China's intellectual property protection. 1. Enterprises with weak awareness of intellectual property protection have weak awareness of intellectual property protection. Chinese enterprises obtain tens of thousands of major scientific and technological achievements at or above the provincial level every year, but the number of patent applications is insufficient 10%. Enterprises pay more attention to the protection of tangible assets, but ignore the protection of intangible assets, resulting in a lot of intellectual property rights being "squatted" every year in China.
Therefore, strengthening the awareness of intellectual property protection has become the knowledge of entrepreneurs, and strengthening the legal protection of intellectual property rights of enterprises has also become the "power" and "watershed" of enterprise development. At present, China lacks an effective intellectual property protection mechanism, which involves many aspects, including legal, political, economic, cultural and other fields.
For example, the leakage of trade secrets of Shanxi mature vinegar occurred; Cloisonne, rice paper and other national stunts were leaked, and a large number of well-known trademarks in China were registered abroad. Therefore, while vigorously protecting foreign well-known trademarks, we should strengthen the support and protection of domestic well-known trademarks.
2. Lack of intellectual property talents. Most domestic enterprises have not yet established intellectual property rights.
7. Ask for an essay with the theme of "Intellectual property is by my side", and the title is self-made.
Intellectual Property —— From Strangeness to Understanding
Intellectual property rights. I thought it was an inscrutable thing, only belonging to a few people with prestigious status, at least it seemed to have nothing to do with me as an ordinary student. As for what it covers, as the name implies, knowledge and property rights! Probably an accomplished scholar discovered some new knowledge one day, and the right to use this knowledge belongs to him! With the passage of time and further understanding of intellectual property rights, I realized that this is not the same thing at all, and there are many things covered by intellectual property rights!
Intellectual property rights are the achievements created by people's intellectual activities and the marks in management activities, as well as the reputation rights they enjoy according to law, including patent rights, trademark rights, copyright rights, invention rights and so on. With a clear definition, it is not difficult to understand what intellectual property is. Why does that man want to protect intellectual property rights? If scientists find something, they should give it to the society for free! However, intellectual property rights include not only the right of discovery, but also the copyright of trademark rights! If a writer has worked hard for decades to complete a masterpiece, without copyright protection, his or her work can be published casually, or even distorted in essence and adapted into another look. Without the protection of trademark rights, a good corporate image trademark will be abused and the corporate image will eventually be corrupted. If the society and culture stagnate from now on, people will not want to create new things. From this perspective, the protection of intellectual property rights is very important!
Don't think that intellectual property is far away from us, in fact, it is around us. When I finish writing an article, I have the copyright. This article can't be published without my consent, let alone using someone else's name. When Li Congming invents a new product, he can apply for a patent from the state. Once applied, others will not use these four inventions casually, and an agreement must be reached with Li Congming before using the patent. Now many companies have their own independently designed trademarks as the company's logo. Trademark rights and patent rights must apply to the state for exclusive rights. After approval, the trademark belongs to the company. Other teams or individuals are not allowed to use this trademark privately, otherwise it is illegal!
Illegal? Yes! Illegal! Whether at home or abroad, there are clear legal provisions on intellectual property rights. However, since intellectual property rights were valued only after China joined the World Trade Organization, many people broke the law before that! A few years ago, Zhuang Yu, a famous post-80s writer, was taken to court for plagiarizing Zhuang Yu's Inside and Outside. Finally, the court found that Jing M.Guo had infringed the copyright and assumed civil liability, even his publishing house was jointly and severally liable for compensation. A simple infringement case has aroused great concern for two reasons: First, Jing M.Guo is a young writer, representing a new generation of young people in China, whose legal awareness is so indifferent that it is distressing. Second, many readers of Beijing M. Country are teenagers, and they even sent out "What's wrong with plagiarism?" ? Good-looking is sound, which also exposes the imperfect side of legal education in China. Besides, piracy is a serious infringement of copyright. But because of the low price, it is recognized by many people. The most typical case is that Microsoft sued several group infringement cases in China. With the development of the times, people can't live without computers, and the dominant computer operating system is Microsoft's windows series, and the price of a windows system is thousands. From the perspective of economic benefits, many companies choose to use pirated software to save money. Some companies even have pirated windows systems from top to bottom. According to the relevant laws and regulations, the use of other people's works should be paid but not paid, which is regarded as infringement and must bear civil liability. As a result, many companies were sued for using pirated software, and the amount of compensation was staggering. These are all caused by ignorance of intellectual property rights. In China, there are many similar incidents, such as the plagiarism of the Walters, pirated records, pirated software and so on. These pirated products not only infringe the copyright of the creators, but also expose the imperfection of legal education in China.
Personally, to be honest, I have never used pirated software. Because my friend told me that pirated software destroyed the machine. After studying intellectual property rights, it seems that piracy is not only destroying machines, but also destroying conscience! Intellectual property contains a lot of content, and many things in life may not attract our attention. Therefore, we should start with the simplest things, use genuine software and oppose piracy. When we grow up and start working, it will be as small as the company logo and as large as the patent for the use of goods. We should all abide by relevant laws and regulations. You can't lose more benefits because of a little profit. In my opinion, everyone who knows about intellectual property rights should publicize the relevant instructions about intellectual property rights to the people around him. In this way, more and more people know him and understand his importance, so that our society can develop better.