The Draft of the Civil Code and the Experts' Proposed Chapter of Intellectual Property Rights
Zheng Cheng-si
Abstract
Zheng Cheng-si
Abstract
It's a very good option to provide for the protective scope of the property in the draft of the Civil Code without putting intellectual property rights in the law as a special character according to the original plan. In most cases, the general principles of civil law apply to the protection of property rights, while on quite a number of important occasions, the general principles of civil law are not applicable to the protection of property rights. It can push but not hinder the continuing perfection of the Civil Code to study the position and function of property in civil law simultaneously at the time of drafting the Civil Code. As to the protection of property in China, the Draft of the Civil Code made in Dec. 2002 clearly defines the protection of traditional knowledge and Diversity of Life-form, which is quite impressive.
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It's a very good option to provide for the protective scope of the property in the draft of the Civil Code without putting intellectual property rights in the law as a special character according to the original plan. In most cases, the general principles of civil law apply to the protection of property rights, while on quite a number of important occasions, the general principles of civil law are not applicable to the protection of property rights. It can push but not hinder the continuing perfection of the Civil Code to study the position and function of property in civil law simultaneously at the time of drafting the Civil Code. As to the protection of property in China, the Draft of the Civil Code made in Dec. 2002 clearly defines the protection of traditional knowledge and Diversity of Life-form, which is quite impressive.
Key concepts: Civil code, Law, Intellectual property, Civil law (Civil law), Political science, Property (philosophy), Code (set theory), Law and economics