Three simple and practical intellectual property case analysis problems

How did the intellectual property law come into being? I use three sentences to summarize its source, namely: economic knowledge, knowledge marketization and market legalization. Due to the development of science and technology, human economic activities generally need knowledge, and knowledge has become an important factor of production. Without certain relevant knowledge, there is no way to carry out economic activities, which is economic knowledge; The knowledge needed by economic activities has been marketized, that is, knowledge can be valuable, a form of wealth, and can be bought and sold as a commodity; Where there are transactions, there must be a market, which is regulated by the legal system. How to define knowledge products, which knowledge products can be protected by law and how to conduct transactions must be stipulated by law, so intellectual property law came into being. Therefore, there are three conditions for the emergence of intellectual property law: first, economic activities need knowledge; Second, the economic operation mechanism is a market economy, not a planned economy; Third, market transactions are legally binding.

The function of intellectual property law is to protect intangible knowledge products such as intellectual creation achievements, management activity marks and reputation. Intellectual property law is an independent legal department in common law countries, which is determined by the intangibility and variability of the intellectual products it protects. In China's legal system, intellectual property law currently belongs to the category of civil law, so when we study our own intellectual property law, we need to understand some relevant provisions of civil law.

Second, the learning requirements

The first requirement is to read through the textbook. The textbook we use is Intellectual Property Law (Central Party School Press, 2005 edition, 1,1edition) edited by Mr. Wu Donghan, with 290,000 words. It will take a few days to finish reading it. Reading through textbooks is the first and most basic requirement. Only by reading through the textbook can we have an overall understanding of the knowledge system of this course. It is also very helpful for exam review.

The second requirement is to be familiar with relevant laws and regulations. Emphasis is placed on copyright law and its implementing regulations, patent law and its implementing regulations, trademark law and its implementing regulations, as well as anti-unfair competition law and computer software protection regulations. These eight laws and regulations are all in my computer, and students who need them can copy them with a USB flash drive. In addition, we should also understand the basic principles of the general principles of civil law, civil rights capacity and capacity for civil conduct, civil legal acts, civil liability and other chapters.

The third requirement is to master the basic concepts and key contents. This textbook is divided into six parts, and we have four lessons in one part. What I want to say is that I intend to use four classes to pick out the key issues in each part. Finally, it will take a class time to summarize the "thinking problems" after each chapter, and summarize the basic concepts and key contents of this course.

The fourth requirement is to combine theoretical knowledge, laws and regulations and actual cases to analyze and understand, and master certain intellectual property legal practice. Connecting with practice is not only an important learning method, but also the purpose of learning.

Third, about the exam.

70 points for written test, 20 points for homework and 0/0 for attendance. There are several types of exam questions, such as multiple-choice questions, true or false questions, short answer questions, discussion questions and case analysis questions.

In terms of exam-taking skills and techniques, I would like to give you some suggestions: First, the handwriting should be neat and clean, especially the name and student number should be standardized. As far as the flexible test questions in liberal arts examinations are concerned, the quality of writing is directly related to the final score. For example, a composition with a score of 10 or 15 will get one or two points if it is well written, and one or two points will be deducted if it is not well written. This is a common standard.

Second, don't leave the test paper blank. For example, if you can't fill in the blanks, you can barely fill them; I really can't answer short questions and essay questions, I can only give it a few words of nonsense. Blanking the test paper gives the marking teacher a bad impression. He will think that your attitude is not correct enough, at least it means that you don't understand. For example, everyone below is a township head, and you have to do every job arranged above; If you have finished several of them, but one of them is blank, then you will have no good impression if you look it up.

Third, the answering skills of multiple-choice questions and true-false questions. Multiple-choice questions and true-false questions with clear answers are very simple to do. The key is the ambiguous choice and the choice of not knowing the correct answer at all. What should I do? I suggest that you can use two methods: one is to close your eyes and press with your fingers, which one is which; Second, write "ABCD", "1234" or "right" and "wrong" on a piece of paper, roll it up and draw lots to choose. This is often half right.

There are two keys to answering the essay questions: first, write down the main points, preferably with serial numbers. It is impossible for the marking teacher to have time to read every candidate's composition question word for word. He mainly looks at the main points; Second, you should write more. If the whole paper is judged by two or three points or three or five points before you pass the exam, the marking teacher will usually go back and make up for it in the essay questions, while the multiple-choice questions, true-false questions and short-answer questions are dead and there is no room for extra points.

Fifth, case analysis must be based on law. For example, according to the provisions of several articles and paragraphs of some laws, academic and reasonable statements are not made; For example, if someone's rights are violated, you think he is wronged. According to the conscience of heaven and earth, what compensation should he get? This analysis is wrong.

Finally, keep a happy mood of winning before and during the exam. Even if you haven't read a word of the textbook and the laws and regulations are not ready, you should still be full of confidence, think hard and look for opportunities, and stick to it until the end. If you are not confident and upset, then even what you can remember at ordinary times will not be remembered then; On the contrary, full of self-confidence, happy mood, often can play an extraordinary level, encounter unexpected opportunities.