Friday, January 7, 2011

Is this case is concerned

Is this case is concerned, starting point publicchinese suspected of violating the anti-unfair competition law "regulation behavior mainly for" use sham or confusion engaged in unfair means such as the market trade behavior ", "USES advertisement or other means to the commodity do false advertising behavior". In fact, because of our country has clearly stipulates works name not have the copyright, and the name of the general lack of original works, does not constitute a copyright; Meanwhile, the author a musical work will work as a trademark in the name of the trademark classification of 45 categories in all the application for the possibility of a registered trademark is not large, but our country has not yet in legislative layer Ken confess commercialization rights. Therefore, facing the works name is the improper use of circumstances, innocent also can with unfair competition grounds seek legal protection.

But the literary works, in product this big concepts speaking, it has very special side, that is the "product" is entirely up to the "people" through height of human brain except finish, "products" rather than the machinery factory produced products. From this meaning, the network literature said with traditional literary works as deserves the greatest degree of human nature of respect, but in fact, we legal rights protection efforts of literary works is far. Especially the network literature, once by some men sniffy, is known as the garbage literature, what about the dignity?

We know, network is an infinite tolerant spirit of the Internet platform, determines that it is a big media have infinite audience, so it can maximize the more people's wisdom and the fruits of labor to converge at the same time, also can maximum transmission to infinite audience, thus for literature realize its for the public service function offers unlimited potential.

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