The evening of May 19th,Hosted by bet365 app、The tenth session of the "bet365 app Intellectual Property Forum" hosted by Shandong Copyright Teaching and Research Base was successfully held at Qingdao Campus。The speaker of this event is Jiao Heping, professor of Law School of Xi’an Jiaotong University,He gave a wonderful academic report titled "The Application Dilemma and Solution of the Intellectual Property Bet365 Poker Damage System"。Professor Cui Lihong, Director of the bet365 app Institute of Intellectual Property Law, hosted a lecture,Professor Zhang Pinghua, Director of the Institute of Civil and Commercial Law of the Law School,Professor Mao Yinghong from the Institute of Intellectual Property Law, Law School、Professor Wang Xiaobing serves as the negotiator。Nearly a hundred teachers and students from our college attended the meeting。
The beginning of the lecture,Jiao Heping introduced five basic issues on Bet365 Poker for intellectual Bet365 app downloadproperty rights。First he defined the concept of Bet365 Poker,Point out that Bet365 Poker are compensation that exceeds the actual amount of damage imposed on intentional (malicious) infringers of serious infringements。Continue,He elaborated on the function of Bet365 Poker,And introduce the controversy arising from Bet365 Poker from the civil field,further emphasizes the positioning and nature of Bet365 Poker。Also pointed out the policy basis related to Bet365 Poker for intellectual property rights,Combining the process of comprehensive establishment of this system in the field of intellectual property。
Secondly,Jiao Heping explains the dilemma of applying the Bet365 Poker system for intellectual property rights。He based it on Article 54 of the Copyright Law、Contents of Article 5 of the "Interpretation on the Application of Bet365 Poker in the Trial of Civil Cases for Infringement of Intellectual Property Rights",Analysis of two ways to implement Bet365 Poker under my country’s current laws。He compared the differences between the two ways of realizing Bet365 Poker, namely special clauses for Bet365 Poker and statutory compensation clauses,Further sorting out the three forms of the relationship between Bet365 Poker and statutory compensation。focus on single mode、After introducing the three modes of fusion mode and discrete mode,Combined with the current status of judicial practice,Focus on the disadvantages and reasons of the discrete model and the advantages of using the integrated model。
Last,Jiao Heping demonstrated the rationality of the integration model as a solution to the punitive compensation system。He believes that the high application rate of statutory compensation clauses results in the amount of compensation for infringers being much higher than the actual amount of loss caused to the right holder,A convergence model should be adopted to modify the content of Article 76 of the Copyright Law (Draft for Review),The result of statutory compensation needs to be multiplied by a certain multiple Bet365 Online Live Dealerto calculate the final amount of compensation,And provide detailed responses to any questions that may arise from this modification。Due to the weak evidence and probative power in Bet365 Poker, most Bet365 Poker are realized through compensation clauses,Therefore he believes that Bet365 Poker and statutory damages are applicable at the same time、Statutory compensation as the calculation base is a new trend in judicial practice research。Although our country’s laws and regulations do not clearly stipulate the integration model, the court lacks legal basis for judgment,However, the precedent of the Henan Provincial Higher People’s Court fully verified the practical needs of the integration model。Jiao Heping pointed out that future copyright legislation and patent legislation should adopt an integrated model,Establish a clear division of labor、Clear boundaries、The binary structure of intellectual property damage compensation with reasonable Bet365 Poker and compensatory damages including statutory damages。Only this,In order to effectively implement the general provisions on Bet365 Poker for intellectual property rights established in the Civil Code。
Conversation session,Cui Lihong expressed his gratitude to Jiao Heping for his wonderful sharing,Summary summarizes the content of this lecture,Emphasis on the help of learning civil law in learning intellectual property law and the necessity of introducing judges with mixed backgrounds into judicial practice in the field of intellectual property。Zhang Pinghua combines the relevant provisions in the Civil Code and considers whether to adhere to logic or policy in the realization of damage compensation、Consider individualization or overallization、Consider some inspiring ideas from three perspectives: what is or what should be。Mao Yinghong thought deeply about the determination of Bet365 Poker,She believes that the reasonable and appropriate amount of compensation is a crucial issue,The difficulty lies in determining the base of calculation,Ultimately depends on the realization Bet365 sportsbook reviewof refined calculations and evidence。Wang Xiaobing from the perspective of the legal nature of Bet365 Poker,The provisions for Bet365 Poker are different from the relevant provisions in the Civil Code,The arrangement of Bet365 Poker in the intellectual property compensation system cannot truly realize its function,To highlight it from civil legislation,Distinguish from the perspective of company law。Interactive session,Jiao Heping patiently and carefully answered the questions raised by the participating students。
Bet365Jiao Heping,Professor of Xi’an Jiaotong University Law School,Doctoral Supervisor。Won the title of “Outstanding Editor of National University Social Science Journals”,Selected as one Bet365 Poker "National Top 100 High-Level Intellectual Property Talents"。Published more than 50 papers in professional journals such as "Law Review", "Legal Business Research", "Modern Law", and "Legal Forum"。Host the National Social Science Foundation project、More than 10 projects including the "National Rule of Law and Legal Theory Research Project" Bet365 Poker Ministry of Justice。Published 2 monographs、Participated in the compilation of 3 textbooks。Research results were adopted by documents at or above the provincial level,Won the National Outstanding Editorial Writing Award、Shaanxi Province Philosophy and Social Sciences Outstanding Achievements Award、Shaanxi Province University Humanities and Social Sciences Research Outstanding Achievements Award、The first Shaanxi Province Law Outstanding Achievement Award, etc.。Concurrently serves as a member Bet365 Poker expert group drafting the "Regulations on the Implementation Bet365 Poker Copyright Law (Draft of Expert Suggestions)" Bet365 Poker National Copyright Administration、Vice Chairman of Shaanxi Intellectual Property Research Association、Legislative consulting expert Bet365 Poker Standing Committee Bet365 Poker People’s Congress of Shaanxi Province、Director of Copyright Committee of Shaanxi University Journal Research Association、Shaanxi Province Business Environment Special Supervisor、Shaanxi Provincial Political and Legal Affairs Commission Law Enforcement Supervisor、Arbitrator of Xi’an Arbitration Commission,Member Bet365 Poker 14th CPPCC Xi’an Municipal Committee、The 13th Session of Chang’an District、Member Bet365 Poker 14th CPPCC, etc.。
Text
Picture
Audit