Tag: <span>En</span>

Is TRIPS a "Forum Shifting" of WTO?

QUESTION: The inclusion of TRIPS Agreement in the WTO Agreements has been sharply criticized as an act of forum shifting with detrimental effects on the future of the WTO. Discuss this proposition*
 
TITLE:
Critical Analyses to the “Forum Shifting” and “Detrimental Effects” Proposition: from the Approaches of History, Political Science and Positivism Legal Analysis
 
DONG Hao
Nov 2006
 
Table of Contents
 
I. Introduction
II. Some Facts in the History of the TRIPS Agreement Negotiation
III. The “Strategy Linkage” between IP and WTO
IV. Legitimacy of “Forum Shifting”
V. Conclusion
 

Links about German amended copyright act

IFFRRO News Vol. 10 No. 4 September 2007

http://www.ifrro.org/upload/documents/IFRRO%20News%20Vol10%20No4%20Sept%20Final.doc

 

Copyright Legislation

Germany – New Copyright Act

The new Act, including the “Second Basket” amendments, was approved on 21 September and will probably come in to force in 2008. The main changes are to the levy system:

The equipment levy applies to all devices which can be used to copy, whether alone or in conjunction with other devices. The levy will also apply to all mediums which can be used to copy on the same basis. All tariffs will in future have to be negotiated, and will no longer be set by law. Negotiated tariffs must not unreasonably harm the manufacturers or importers and must be in a reasonable relation to the sales price of the device or medium concerned. Other changes include:

·         Document delivery: the new law confirms that public libraries may supply copies to beneficiaries of the private and personal use exceptions by post or fax, but electronic delivery is restricted. Equitable remuneration is payable for document supply under the legal licence.

·         A new exception permits library users to access documents via dedicated terminals on library premises subject to the payment of equitable remuneration.

It will now be possible for authors to transfer the right of currently unknown forms of exploitation, subject to a right of revocation and the payment of equitable remuneration.

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各国版权法英文版(但其中的德国法是2003年版的)
http://cyber.law.harvard.edu/media/eucd_materials

Zohar Efroni: German Copyright Law Amended
http://cyberlaw.stanford.edu/node/5604

News: German parliament passes new Copyright Act
http://www.heise.de/english/newsticker/news/92318

巴德勒知识产权报道
http://www.bardehle.com/cn/ip_reports.html

An Academic Interview == 一次学术访谈

我按:一位在欧洲做知识产权研究的朋友发给我一些有关中国知识产权执法的问题,以下选取其中一些贴出来。为了方便阅读,他的问题和我的回答都是中英双语的。
Note: A friend doing research in Europe sent me some questions on Chinese IP implementation. Here are some selected answers. To facilitate reading, both his questions and my answers are bilingual here.

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1. It is in many occasions argued that the confucian philosophy and its impact on the Chinese culture is one of the major factors that IPRs in China are so hard to implement. This doctrine argues that if one want to achieve excellence, he must imitate the works of the one who is doing the best work in that specific field. What are your views on this explanation on IPRs infringements?

很多人认为儒家哲学及其对中国文化的影响是知识产权难以在中国得到保障的原因之一。因为儒家哲学中认为,如果一个人希望成功,他就应当模仿他的行业中最优秀的人的作品。对这一观点,你怎么看?

Kunming's Spicy Food (By someone born in KM)

Kunming food in its variety and diversity will never fail to satisfy travelers. Take a small restaurant which provides only three to four tables in Jianshe Road for example. This restaurant provide more than 50 kinds of snacks. You can sit around the table and enjoy your tongue a whole afternoon. The shopkeeper never worry about his profit since as long as the snacks are delicious, Kunming residents will be pleasure to stand aside the counter of the restaurant, order and consume the spicy dishes one by one.

Actually, street stalls selling a great variety of delicious snacks scatters around everywhere in the city. If you are not very familiar to Kunming streets, you may find a snack heaven in Baoshan (宝善) Street, which lies in the very center of the city. Please ignore the Mcdonald’s and Pizzahat on your way to the spot named as "Xiang Yun City of Delicious Foods". btw, "Xiang Yun" (祥云) in Chinese means "favonian clouds".

Spice is the spirit of Kunming snacks. If you are allergic to capsicum, you will find an inferno of the above delicious food city. Eventually, God is always merciful, you will survive the inferno by ordering those desserts in the same place. I guarantee even these desserts will make you feeling extreme happiness.

WTO TRADE POLICY REVIEWS to Members

Chronological list of TPRs

线上香港法律资料

 HONG KONG Legal Resources on the Internet

  • The Laws of Hong Kong (BLIS)
    This has been the Bilingual Laws Information System (BLIS) on the Internet prepared and hosted by the Department of Justice of Hong Kong for free public access since November 9, 1997. BLIS contains the Laws of Hong Kong in both Chinese and English. Users can search and retrieve the ordinances and Sub-Legislation from BLIS. This service is free of charge. 
  • Hong Kong Judiciary (Courts) Homepage Judgments delivered by various Hong Kong courts since 1993 are available on this web site

Government Information on the Internet


 Background Information and News Resources on the Internet

Flickr is FILTERED

Flickr is FILTERED, suddenly but not astonished, because we have used to be filtered without any notices and reasons. According to William Long, The way of filtering are simple, effective and as rude as it was. The two domain names that are used to store the photos are listed in some famous fire wall (farm1. static. flickr. com and farm2. static. flickr. com — spaces are added after each dot. I know it is not necessary since blocked domain name are listed differing to the content list, but nothing is impossible. I mean, OK, rape me, I know I’ve no choice and I’ve used to it, but tell me before doing it, please).

  LOVES YOU, and YOU LOVE Flickr, BUT THEY DON’T.

Who is the next? Gmail? Feedburner? Netvibes? or, the whole INTERNET out of the border, no, out of their control? They don’t care your murmur since you are nothing, and they believe, for the profits, those companies will knock their door after self-castration.

One may ask: but who will love an eunuch? My answer is: they will not be regarded as disables since no comparation here, and furthermore, eunuches may be a better choice than rapists.