国际商法第五版第九章PPT——ray·august著.ppt

CHAPTER 9 INTELLECTUAL PROPERTY CHAPTER 9INTELLECTUAL PROPERTY Topics for this chapter: The Creation of Intellectual Property Rights International Intellectual Property Organizations Intellectual Property Treaties International Transfer of Intellectual Property Licensing Regulations Compulsory Licenses Creation of Intellectual Property Rights Intellectual property is useful artistic and industrial information and knowledge. It has two principle branches: Artistic property – artistic, literary, and musical works. Industrial property – inventions and trademarks. Inventions include both useful products and useful manufacturing processes. Trademarks include trade names, service marks, collective marks, and certification marks. Creation of Intellectual Property Rights—Copyrights A copyright is a statutory right that gives the author of an artistic work, for a limited period, the exclusive privilege of making copies of the work and publishing and selling the copies. The copyright holder has pecuniary rights and certain moral rights to the work. The rights belong to the author of any work that is fixed in a tangible medium for the purpose of communication, such as literary, dramatic, musical, or artistic works; sound recordings; film, radio, and television broadcasts; and certain computer programs. Copyrights—Pecuniary Rights Pecuniary rights – The right of an author to exploit a copyrighted work for economic gain. The two kinds of pecuniary rights are: The right of reproduction, including: Right of reproduction Right of distribution Right of exhibition The right of public performance, including: Right of recitation or performance Right of broadcasting Right to communicate by sound or visually Right of connecting broadcast transmissions Pecuniary Rights The right of reproduction gives the author the exclusive right to make copies of a copyrighted work. Includes reproduction in any form. The right of distribution gives the author the right to place a copy of a