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Beijing Intellectual Property Court
The Beijing Intellectual Property Court () is a Court of special jurisdiction in the People's Republic of China, which handles: "first-instance IP civil or administrative cases with professional features involving patents, new varieties of plants, layout design of integrated circuit, know-how and so on." There are similar courts based in Shanghai and Guangzhou. History The Beijing IP Court was created at the same time as other courts in China by way of the Decision of the Standing Committee of the National People’s Congress on the Establishment of IP Courts in Beijing, Shanghai and Guangzhou, which was adopted at the 10th session of the 12th Standing Committee of the National People's Congress on 31 August 2014. The Beijing IP Court closed 5,432 cases in 2015 and 8,111 cases in 2016. Functions The Beijing IP court generally has the same functions as the other intermediate IP courts, which include: #Adjudicating over intellectual property infringement disputes. #Complex disput ...
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Supreme People's Court
The Supreme People's Court of the People's Republic of China (SPC; ) is the highest court of the People's Republic of China. It hears appeals of cases from the high people's courts and is the trial court for cases about matters of national importance. The court also has a quasi-legislative power to issue judicial interpretations and adjudication rules on court procedure. According to the Chinese constitution, the Supreme People's Court is accountable to the National People's Congress, which prevents the court from functioning separately and independently of the governmental structure. The court has about 400 judges and more than 600 administrative personnel. The court serves as the highest court for the People's Republic of China and also for cases investigated by the Office for Safeguarding National Security in Hong Kong. The special administrative regions of Hong Kong and Macau have separate judicial systems based on British common law traditions and Portuguese civi ...
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CNIPA
The China National Intellectual Property Administration (CNIPA; ), also known as the Chinese Patent Office, is the patent office of the People's Republic of China (PRC). It was founded in 1980 as the Patent Office of the People's Republic of China, before changing its name to "State Intellectual Property Office" (SIPO), then to "National Intellectual Property Administration", and then to "China National Intellectual Property Administration". It is responsible, in its own words, "for patent work and comprehensively coordination of the foreign related affairs in the field of intellectual property".http://www.sipo.gov.cn ''Responsibilities of the State Intellectual Property Office of the People's Republic of China (SIPO)'', 2002-04-27. Consulted on April 26, 2007. See also * Baidu Patents * Intellectual property in the People's Republic of China * First Sino-American Forum of Intellectual Property Rights References External links * * *''English search functions on the ...
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2014 Establishments In China
Fourteen or 14 may refer to: * 14 (number), the natural number following 13 and preceding 15 * one of the years 14 BC, AD 14, 1914, 2014 Music * 14th (band), a British electronic music duo * ''14'' (David Garrett album), 2013 *''14'', an unreleased album by Charli XCX * "14" (song), 2007, from ''Courage'' by Paula Cole Other uses * ''Fourteen'' (film), a 2019 American film directed by Dan Sallitt * ''Fourteen'' (play), a 1919 play by Alice Gerstenberg * ''Fourteen'' (manga), a 1990 manga series by Kazuo Umezu * ''14'' (novel), a 2013 science fiction novel by Peter Clines * ''The 14'', a 1973 British drama film directed by David Hemmings * Fourteen, West Virginia, United States, an unincorporated community * Lot Fourteen, redevelopment site in Adelaide, South Australia, previously occupied by the Royal Adelaide Hospital * "The Fourteen", a nickname for NASA Astronaut Group 3 * Fourteen Words, a phrase used by white supremacists and Nazis See also * 1/4 (other) * F ...
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Intellectual Property Adjudication Bodies
An intellectual is a person who engages in critical thinking, research, and reflection about the reality of society, and who proposes solutions for the normative problems of society. Coming from the world of culture, either as a creator or as a mediator, the intellectual participates in politics, either to defend a concrete proposition or to denounce an injustice, usually by either rejecting or producing or extending an ideology, and by defending a system of values. Etymological background "Man of letters" The term "man of letters" derives from the French term ''belletrist'' or ''homme de lettres'' but is not synonymous with "an academic". A "man of letters" was a literate man, able to read and write, as opposed to an illiterate man in a time when literacy was rare and thus highly valued in the upper strata of society. In the 17th and 18th centuries, the term ''Belletrist(s)'' came to be applied to the ''literati'': the French participants in—sometimes referred to as " ...
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Court System Of The People's Republic Of China
The judicial branch, organized under the constitution and law, is one of five organs of power elected by the People's Congress, in the People's Republic of China. According to the constitution, the court system is to exercise judicial power independently and free of interference from administrative organs, public organizations, and individuals. The Party's Political and Legal Affairs Commissions coordinates and have direct control over all the court system.Human Rights Watch Walking on Thin Ice April 28, 2008. Hong Kong and Macau have separate court systems, as mandated by the Constitution and their respective Basic Law, in accordance with the One country, two systems doctrine. Court structure According to the Constitution of the People's Republic of China of 1982 and the Organic Law of the People's Courts that went into effect on January 1, 1980, the Chinese courts are divided into a four-level court system (Supreme, High, Intermediate and Primary): * At the highes ...
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Beijing Daoxiangcun V
} Beijing ( ; ; ), alternatively romanized as Peking ( ), is the capital of the People's Republic of China. It is the center of power and development of the country. Beijing is the world's most populous national capital city, with over 21 million residents. It has an administrative area of , the third in the country after Guangzhou and Shanghai. It is located in Northern China, and is governed as a municipality under the direct administration of the State Council with 16 urban, suburban, and rural districts.Figures based on 2006 statistics published in 2007 National Statistical Yearbook of China and available online at archive. Retrieved 21 April 2009. Beijing is mostly surrounded by Hebei Province with the exception of neighboring Tianjin to the southeast; together, the three divisions form the Jingjinji megalopolis and the national capital region of China. Beijing is a global city and one of the world's leading centres for culture, diplomacy, politics, finance ...
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FRAND
Reasonable and non-discriminatory (RAND) terms, also known as fair, reasonable, and non-discriminatory (FRAND) terms, denote a voluntary licensing commitment that standards organizations often request from the owner of an intellectual property right (usually a patent) that is, or may become, essential to practice a technical standard. Put differently, a F/RAND commitment is a voluntary agreement between the standard-setting organization and the holder of essential patent, standard-essential patents. U.S. courts, as well as courts in other jurisdictions, have found that, in appropriate circumstances, the implementer of a standard—that is, a firm or entity that uses a standard to render a service or manufacture a product—is an intended third-party beneficiary of the FRAND agreement, and, as such, is entitled to certain rights conferred by that agreement. A standard-setting organization is an industry group that sets common standards for its particular industry to ensure compati ...
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Precedent
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. The principle by which judges are bound to precedents is known as ''stare decisis'' (a Latin phrase with the literal meaning of "to stand in the-things-that-have-been-decided"). Common-law precedent is a third kind of law, on equal footing with statutory law (that is, statutes and codes enacted by legislative bodies) and subordinate legislation (that is, regulations promulgated by executive branch agencies, in the form of delegated legislation) in UK parlance – or regulatory law (in US parlance). Case law, in common-law jurisd ...
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Civil Law (legal System)
Civil law is a legal system originating in mainland Europe and adopted in much of the world. The civil law system is intellectualized within the framework of Roman law, and with core principles codified into a referable system, which serves as the primary source of law. The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the law in common law systems historically came from uncodified case law that arose as a result of judicial decisions, recognising prior court decisions as legally-binding precedent. Historically, a civil law is the group of legal ideas and systems ultimately derived from the '' Corpus Juris Civilis'', but heavily overlain by Napoleonic, Germanic, canonical, feudal, and local practices, as well as doctrinal strains such as natural law, codification, and legal positivism. Conceptually, civil law proceeds from abstractions, formulates general principl ...
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Patent Reexamination Board
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A patent is not the grant of a right to make or use or sell. It does not, directly or indirectly, imply any such right. It grants only the right to exclude others. The supposition that a right to make is created by the patent grant is obviously inconsistent with the established distinctions between generic and specific patents, and with the well-known fact that a very considerable portion of the patents granted are in a field covered by a former relatively generic or basic patent, are tributary to such earlier patent, and cannot be practiced unless by license thereunder." – ''Herman v. Youngstown Car Mfg. Co.'', 191 F. 579, 584–85, 112 CCA 185 (6th Cir. 1911) In most countries, patent rights fall under private law and the patent holder mus ...
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People's Republic Of China
China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's List of countries and dependencies by population, most populous country, with a Population of China, population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and Borders of China, borders fourteen countries by land, the List of countries and territories by land borders, most of any country in the world, tied with Russia. Covering an area of approximately , it is the world's third List of countries and dependencies by area, largest country by total land area. The country consists of 22 provinces of China, provinces, five autonomous regions of China, autonomous regions, four direct-administered municipalities of China, municipalities, and two special administrative regions of China, Special Administrative Regions (Hong Kong and Macau). The national capital is Beijing, and the List of cities in China by population, most populous cit ...
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Trademark Law Of China
The system of trademark law in mainland China is administered by the China National Intellectual Property Administration CNIPA (with an appeal function administered by the Trademark Review and Adjudication Board and the courts). Both are divisions of the State Administration for Industry & Commerce ( SAIC). The two principal pieces of legislation forming the trademark system are the Trademark Law, and the Unfair Competition Law. Only registered trade and service marks are protected in the PRC: there is no common law protection for unregistered trademarks (except for "well-known" marks, as detailed below). Amendments to the PRC's Trademark Law on October 27, 2001 allows three-dimensional trademarks and colours to be registered as trade marks. Collective and certification trademarks can also now be registered in China. are also now recognised under Chinese law (the courts and administrative bodies will take into account the level of knowledge of the trademark by relevant consumers, ...
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