Chinese Court Judgements PDF Download
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Author | : Zhou Lin |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 372 |
Release | : 2011-09-09 |
Genre | : Law |
ISBN | : 9041142819 |
Download China Court Cases on Intellectual Property Rights Book in PDF, ePub and Kindle
This book presents, in extraordinary detail, sixteen landmark cases that profoundly affect the protection of intellectual property rights in China. Written by six prominent Chinese legal scholars and jurists – including judges who themselves participated in these decisions – each case is fully described and analysed: the parties and their representatives, the basic facts, the facts ascertained by the court, the evidence presented by plaintiffs and defendants, the judges’ opinions with their arguments and reasoning, the unanimous conclusions, and the judgment, along with a wealth of deeply informed comment. Among the questions raised by these cases are the following: Is a website within the definition of a ‘work’ in copyright law, and thus protected? How should the acts of uploading and downloading of works from the Internet be classified? Can the concept of torts be applied in the Internet context? What is the legal liability of an Internet service provider? How is a defendant’s ‘unreasonable conduct’ to be determined? Who is responsible for the determination of ‘artistic value’ – e.g., of clothing designs? What evidence must be presented to serve as sufficient proof that a domain name is a party’s own creation? In what a manner should packaging and decoration be regarded? How should the ‘author’ in copyright conflict cases be identified? How should an unauthorized web link be judged? When do separate components assembled to create a product enjoy copyright protection? How should damages be determined? An introductory essay provides a detailed overview of the characteristics of China’s intellectual property law as it continues to develop, with attention to such factors as the specific laws enacted, the various courts and tribunals to which IP cases are assigned, the progress of a case, starting from filing to winding up, regulations, reform programs, and rules of evidence. The editor puts forward his own proposals – particularly in light of the so-called ‘interfering factors’ – on reform of civil trial style in intellectual property cases. It is difficult to overstate the value of this book to anyone involved in business dealings in China. With its authoritative expertise, abundant detail, and thorough elucidation of the salient features of developing IP law and practice in China, it will serve interested parties for years to come.
Author | : Law Press China for |
Publisher | : Springer Nature |
Total Pages | : 402 |
Release | : 2019-11-08 |
Genre | : Law |
ISBN | : 9811503427 |
Download Selected Cases from the Supreme People’s Court of the People’s Republic of China Book in PDF, ePub and Kindle
This volume includes guiding cases of the Supreme People’s Court, cases deliberated on by the Judicial Council/Committee of the Supreme People’s Court, and cases discussed at the Joint Meetings of Presiding Judges from the various tribunals. This book is divided into four sections, including Cases by Justices, Selected Judicial Opinion(s), “Hot Cases” and “Typical Cases”, which will introduce readers to Chinese legal processes, legal methodologies and ideology in an intuitive, clear, and accurate manner.This volume presents cases selected by the trial departments of the Supreme People’s Court of China from their concluded cases. In order to give full weight to the legal value and social functions of cases from the Supreme People’s Court, and to achieve the goal of “serving the trial practices, serving economic and social development, serving legal education and legal scholarship, serving international legal exchanges among Chinese and foreign legal communities and serving the rule of law in China”, the China Institute of Applied Jurisprudence, with the approval of the Supreme People’s Court, opted to publish “Selected Cases from the Supreme People’s Court of the People’s Republic of China” in both Chinese and English, for domestic and overseas distribution.
Author | : China Institute of Applied Jurisprudence |
Publisher | : Springer Nature |
Total Pages | : 449 |
Release | : 2022-05-17 |
Genre | : Law |
ISBN | : 9811684103 |
Download Selected Cases from the Supreme People’s Court of the People’s Republic of China Book in PDF, ePub and Kindle
This book includes guiding cases of the Supreme People’s Court, cases deliberated at the Adjudication Committee of the Supreme People’s Court, and cases discussed at the Joint Meetings of Presiding Judges from various tribunals. This book is divided into three sections, including Cases by Justices, Cases at the Adjudication Committee and Typical Cases, which will introduce readers to Chinese legal process, legal methodology and ideology in an intuitive, clear and accurate manner. This volume presents cases selected by the trial departments of the Supreme People’s Court of China from their concluded cases. In order to give full weight to the legal value and social function of cases from the Supreme People’s Court, and to achieve the goal of serving trial practices, serving economic and social development, serving legal education and legal scholarship, serving the rule of law in China, the China Applied Jurisprudence Institute, with the approval of the Supreme People’s Court, opts to publish Selected Cases from the Supreme People’s Court of the People’s Republic of China in both Chinese and English, for domestic and overseas distribution.
Author | : China Institute of Applied Jurisprudence |
Publisher | : Springer Nature |
Total Pages | : 457 |
Release | : 2021-02-05 |
Genre | : Law |
ISBN | : 9811591369 |
Download Selected Cases from the Supreme People’s Court of the People’s Republic of China Book in PDF, ePub and Kindle
This book includes guiding cases of the Supreme People’s Court, cases deliberated on by the Judicial Committee of the Supreme People’s Court and cases discussed at the Joint Meeting of Presiding Judges from various tribunals. This book is divided into three sections, including “Cases by Justices”, “Cases at Judicial Committee” and “Typical Cases”, which will introduce readers to Chinese legal processes, legal methodologies and ideology in an intuitive, clear and accurate manner. This book presents cases selected by the trial departments of the Supreme People’s Court of China from their concluded cases. In order to give full weight to the legal value and social functions of cases from the Supreme People’s Court, and to achieve the goal of “serving the trial practices, serving economic and social development, serving legal education and legal scholarship, serving international legal exchanges among Chinese and foreign legal communities , serving the rule of law in China”, the China Institute of Applied Jurisprudence, with the approval of the Supreme People’s Court, opts to publish “Selected Cases from the Supreme People’s Court of the People’s Republic of China” in both Chinese and English, for domestic and overseas distribution.
Author | : 信春鹰 |
Publisher | : |
Total Pages | : 352 |
Release | : 2004 |
Genre | : Courts |
ISBN | : |
Download Chinese Courts Book in PDF, ePub and Kindle
Author | : United States. Court for China |
Publisher | : |
Total Pages | : 1140 |
Release | : 1920 |
Genre | : Consular jurisdiction |
ISBN | : |
Download Extraterritorial Cases Book in PDF, ePub and Kindle
Author | : China. High Prize Court |
Publisher | : |
Total Pages | : 162 |
Release | : 1919 |
Genre | : Court rules |
ISBN | : |
Download Judgments of the High Prize Court of the Republic of China Book in PDF, ePub and Kindle
Author | : Ronald Brown |
Publisher | : Springer |
Total Pages | : 440 |
Release | : 1997-08-28 |
Genre | : Law |
ISBN | : |
Download Understanding Chinese Courts and Legal Process:Law with Chinese Characters Book in PDF, ePub and Kindle
3. Police Law (1995)
Author | : Kwai Hang Ng |
Publisher | : Cambridge University Press |
Total Pages | : 263 |
Release | : 2017-10-26 |
Genre | : Law |
ISBN | : 1108357229 |
Download Embedded Courts Book in PDF, ePub and Kindle
Embedded Courts is laden with tension. Chinese courts are organized as a singular and unified system yet grassroots courts in urban and rural regions differ greatly in the way they use the law and are as diverse as the populations they serve. Based on extensive fieldwork and in-depth interviews, this book offers a penetrating discussion of the operation of Chinese courts. It explains how Chinese judges rule and how the law is not the only script they follow - political, administrative, social and economic factors all influence verdicts. This landmark work will revise our understanding of the role of law in China - one that cannot be easily understood through the standard lens of judicial independence and separation of powers. Ng and He make clear the struggle facing frontline judges as they bridge the gap between a rule-based application of law and an instrumentalist view that prioritizes stability maintenance.
Author | : Peng Guo |
Publisher | : Springer Nature |
Total Pages | : 318 |
Release | : 2023-04-03 |
Genre | : Law |
ISBN | : 9811989036 |
Download Selected Chinese Cases on the UN Sales Convention (CISG) Vol. 2 Book in PDF, ePub and Kindle
This book focuses on Chinese cases on the CISG decided by Chinese courts of all levels, mainly from 2006 to 2010. During this period, the number of cases grew gradually. The total number of cases still remained low, the reasons of which might be the following: parties were not familiar with the CISG and therefore decided to opt out of it; in addition, the case collection and report systems in China at that time were not as developed as now, rendering many cases inaccessible. This book provides a comprehensive and detailed analysis of selected cases. The analysis of those cases will be on a case by case basis. For each case, an English summary of the judgments will be provided. In the summary, the People’s Court’s approach to the interpretation and application of the CISG will be emphasised. Following the summary are comments of the individual case written either by an academic or a current or former judge from international and comparative perspective to discuss the successes and pitfalls of the interpretation and application of the CISG. This book deals with the cases from 2006 to 2010 in China. These cases reflect how People’s Court of all levels started to deal with various issues arising from the CISG and will help understand whether and how the People’s Courts change their approaches to the interpretation and application of the CISG in future.