1. Is the copyright protected by the region?
Copyright has geographical protection. The corresponding copyright laws in China are different from those in other countries. Copyright belongs to a kind of intellectual property, and the issue of regional protection involves the characteristics of copyright, and the international and regional nature of copyright are not contradictory.
(A) the regionality of intellectual property rights. Intellectual property rights recognized and protected by the laws of a country have legal effect only within the territory of that country.
According to the provisions of the Paris Convention and the universal copyright convention, regionality refers to the right granted by a country according to law, which is only valid within the legal jurisdiction of that country and is not binding on other countries, and foreign countries do not undertake protection obligations.
(2) Internationalization of intellectual property system refers to the gradual simplification, unification and internationalization of intellectual property systems in all countries in the world in terms of substantive content and application for approval.
The regionality of intellectual property rights (intellectual property rights are intangible and easy to spread), on the one hand, makes the intellectual achievements produced in China unable to obtain natural protection abroad; On the other hand, due to the rapid development of media and communication tools and the increasing frequency of international exchanges, a large number of intellectual achievements can easily cross national borders and enter other countries. If these intellectual achievements are not effectively protected internationally, it will inevitably affect and hinder international trade and normal scientific and technological cultural exchanges and cooperation. The international development of intellectual property system reflects the objective requirements of international scientific, technological and economic development. Because of this, countries all over the world concluded the Paris Convention for the Protection of Industrial Property in Paris on 1883, which came into effect on 1884. China formally joined the Paris Convention on March 1985. In addition, China has joined the international conventions on intellectual property protection: madrid agreement concerning the international registration of marks, Berne Convention for the Protection of Literary and Artistic Works, universal copyright convention, Patent Cooperation Treaty, etc.
Second, do national standards have legal effect?
National mandatory standards have legal effect, while national recommended standards have no legal effect. Mandatory standards refer to standards that are implemented through mandatory means such as laws and administrative regulations within a certain range. Have legal attributes. Once the mandatory standards are promulgated, they must be implemented. Otherwise, units and individuals that cause bad consequences and heavy losses will be subject to economic sanctions or bear legal responsibilities. According to the relevant laws and regulations, mandatory national standards should be formulated for the technical requirements of protecting personal health and life and property safety, national security, ecological environment safety and meeting the basic needs of economic and social management. Recommended national standards can be formulated to meet the technical requirements of basic universality, matching with mandatory national standards and playing a leading role in related industries.
Legal basis:
Public security administration punishment law
Article 16 of the law stipulates: "If there are more than two acts violating the administration of public security, they shall be sentenced separately and executed jointly. If the punishment of administrative detention is combined, the maximum time shall not exceed twenty days. " It can be seen that the Law on Public Security Administration Punishment also has strict restrictions on the duration of administrative detention.
Article 21 of the law stipulates: "If a person who violates the administration of public security is under any of the following circumstances and should be given administrative detention punishment according to this law, the administrative detention punishment shall not be executed:
1, full 14 years old but under 16 years old;
2, has reached the age of sixteen but less than eighteen, the first violation of public security management;
3. More than 70 years old;
4. Pregnant or nursing a baby under one year old. "This article negatively excludes the object of application, that is, administrative detention does not apply to people who meet certain circumstances, in order to reflect humanistic care.