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Thesis (doctoral)--Universität Tübingen, 1974. / Includes bibliographical references (p. viii-xxii).

Comparison of legal regulation of patents in the Czech Republic and the People's Republic of China - Abstract This thesis compares legal system of patents in Czech Republic and People's Republic of China with the focus on Patent Laws and other legislation in respective countries. The aim of this paper is to present the approach that Czech and Chinese society adopted with respect to patent law, together with its' historical evolution in both compared countries. This historical insight into the evolution of patent legislation is aimed to help the reader to understand, why certain legislation is present in national patent laws, even though both countries are members of WTO and WIPO and parties to Paris Convention for the Protection of Industrial Property. Another goal of this thesis is to compare the national patent legislation of individual patent institutes, to highlight the differences of such patent institutes and map the influence that the international treaties and international organizations have on the national patent legislation of its' respective country. Finally, this thesis will attempt to briefly introduce the Chinese system of patent enforcement and its practical application when the patentee seeks patent enforcement with Chinese authorities. This diploma thesis is divided into four chapters. The...

Standards are complex phenomena that exist in almost every area of human life, whether in the form of language, stock scenes in literature and films, computer user interfaces or protocols that allow data transfer over the internet. They are important building blocks for any form of human activity. Property rights in standards, provided by the laws of intellectual property, can foster their development by giving incentives to create technologies or works that are capable to become standards; but property rights can also impede further innovation since they allow the owner to exclude others from the use of the protected standard. Furthermore, standards are perceived to offer higher returns in form of royalties than "regular" technologies. In this context, standardization has been used as an argument to reduce the scope of protection for standard technologies with respect to computer user interfaces. / The thesis evaluates the soundness of a general argument of standardization for weaker protection in intellectual property law. It elaborates the arguments that are put forward to justify weaker protection in standards regarding the characteristics of standards and standardization as well as the justifications for intellectual property. It analyses the applicability of trademark, copyright and patent law to both already existing as well as developing standards. In particular, the concepts of genericness and descriptiveness in trademark law, the merger and scenes a faire doctrines in copyright law and the doctrines of patent misuse and patent abuse in patent law are discussed.

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published_or_final_version / abstract / Industrial and Manufacturing Systems Engineering / Master / Master of Philosophy

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This thesis is about the cultural bargain; the balancing relationship between author monopoly and user affect desires, as applying to the ambiguity of characters. Character culture is a hybrid of the characters that are created and sold by authors with artistic and legal concerns, and the character-affect-relationship of the audience users of those characters. This study examines the law and industry practices in the United States and Canada as it relates to character and the limited scope of the law in defining just what exactly a character is. Also, I examine the major issues in the cultural bargain between the ownership of characters of authors, and the appropriation of characters by audiences, through the dominate arguments for both authors and audiences and the issue of privileged accessibility to characters. By "appropriate", I am referring to any act of an audience member, utilizing a character they do not own, in new ways, that the original author of the character did not give permission for, or approve. Finally, I present my analysis of how the cultural bargain may experience a balance between both authors and audience, by defining characters using the audience affect interpretation as criteria.

Thesis (M. Phil.)--University of Hong Kong, 2008. / Also available in print.

Thesis title: Enforcement of rights in industrial property Enforcement of rights in industrial property could reasonably be said to be as one of the most recent legal issues, notably with regard to the increasing number of infringements of this industrial property rights. Individual solutions of protection and enforcement of rights in industrial property are adapted over time in light of new priorities and developments (at international, EU and national level). The fight against counterfeiting cannot be dealt with only at a national area level. That was the reason why Directive 2004/48/EC of the European parliament and of the council on the enforcement of intellectual property rights was therefore adopted. This thesis deals with issues of enforcement of rights in industrial property and is divided into three main chapters. Firstly, it was necessary to examine issues of intellectual property rights in general terms and interpret the principal definitions regarding these rights. Secondly, a full picture of legislation at the international and national level and at the level of the EU was described, with regard to the relevant aspects related to the enforcement of rights in industrial property. Thirdly, the specific field of private enforcement of industrial property rights - Law No. 221/2006 Coll.,...