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{ Category Archives } TRIPS

What will happen when two utilitarian giants meet

This is the outline of my talk at Berkman Fellow’s Hour on 17 Nov. 2009. Needs improvement, just post for commentaries.   1. Copyright protection is justified in a utilitarian way in the US. Contrary to many people’s granted thought, my study find that although it is deeply affected by the Germeneric-japanese form of civil […]

Positive Analysis to the Illegal Works in China

My Paper:Positive Analysis to the ‘Illegal Works’ under China’s Copyright Law: With Comments to the WTO DS362 and Suggestions to the Legal Reform Abstract: Abstract: This article reviews the copyright dilemma of illegal works in the context of Chinese copyright system. Under the current law, not merely the works with illegal content, but also the […]

The Translation Mist of Chinese Legislation: Too much to be done before value-relevant quarreling

Let’s see the three versions of English translation to Article 4(1) of Chinese Copyright Law: Its Chinese orginal wording: 依法禁止出版、传播的作品,不受本法保护。 T1. In official database of the China National People’s Congress, this sentence is translated as: Works the publication and dissemination of which are prohibited by law shall not be protected by this Law. T2. In […]

What are the US’ IPR Consultations indeed?

According to the Office of the US Trade Representative, the United States’ IPR consultation request to WTO on IPR protection and enforcement consists of FOUR aspects:A. the high quantitative thresholds that must be met in order to start criminal prosecutions of copyright piracy and trademark counterfeiting, and this makes a “safe harbor” for pirates and […]