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Fundamental principles of the international protection system of intellectual property rights and the applications
WU Handong
Front. Law China. 2006, 1 (3): 329-348.
https://doi.org/10.1007/s11463-006-0013-6
Legal principle, which underlies the value of the legal system, is supposed to be the origin and basis of concrete legal rules. It has also resulted from abstracting and summarizing the value and spirit of these legal rules. In light of the universality and hierarchy of legal principle, the principles of the international protection system of intellectual property rights (IPR) can be divided into the following two types: one is the fundamental principles applied to the what, why and how a legal system shall be constructed, such as principles of sovereignty, equality and mutual benefit, joint development, and international cooperation,1 which also can be expressed as the principles of sovereignty, international coordination and cooperation, fairness and justice.2 The other type includes those existing in the legal system and capable of being applied directly, such as the principle of national treatment, principle of minimum standard, principle of independence (for industrial property right), principle of independent protection (for copyright), principle of compulsory implementing patent (for patent right) and doctrine of priority (for industrial property right), etc.3 In my opinion, the principles of the international protection system of IPR shall follow the latter model, indicating that they shall be provided and written in the international conventions on the grounds that they can be applied directly, and that they can be universally applied to the whole international protection system of IPR instead of exclusive application to one certain system. Hereupon, the author believes that principles concerning the international protection system of IPR should include the principles of national treatment, minimum protection standard and public interest.
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On the integration of public law jurisprudence
YUAN Shuhong
Front. Law China. 2006, 1 (3): 349-362.
https://doi.org/10.1007/s11463-006-0014-5
After two to three hundred years of development, modern public laws have become more and more important, mature and integrated especially since the 20th century. Traditionally, the dispersive and overlapping public law researches were grounded on the sectional public laws like constitutional law, administrative law, criminal law, procedural law, international public law, etc. Nevertheless, with all-around emergence of public law, the traditional research method can no longer adapt to the development needs of the modern public law. Therefore, it is quite necessary for us to create a kind of moderate unified public law between the laws and the sectional public laws, so as to do comprehensive, integrated and systematic researches on various sectional public laws. Based on the indepth argumentation about the necessity of developing unified public laws, this paper further puts forward that, to discuss an all-encompassing way about the main problems of creating the unified public laws and expect to fill the gap with it, the unified public law should define its study objectives mainly focused on the contents of integrated public law criteria, common public law features and general public law rules and so on; form its theoretical basis on the line of the relations between public power and the citizen privilege; establish its category structure found on the concept of public power and the derivative core and basic categories; and build up the disciplinary system based on the systematic integrity of the public law research results.
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Maritime security and the common interests of India and China
ZHOU Zhonghai
Front. Law China. 2006, 1 (3): 363-371.
https://doi.org/10.1007/s11463-006-0015-4
The world has changed dramatically over the years, and being two of the world s largest and most populous developing countries, India and China should remain in close touch on issues concerning developing nations. Today s challenges to maritime security increasingly comprise more non-traditional threats, such as terrorist acts against shipping, trafficking in weapons of mass destruction, piracy and armed robbery at sea, illicit transportation in narcotic drugs, psychotropic substances and nuclear substances, and smuggling of people and arms. It is therefore important to intensify cooperation at all levels to address threats to maritime security and safety in a comprehensive manner through bilateral and multilateral instruments and mechanisms aimed at monitoring, preventing and responding to such threats.
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