How intellectual property law came into being, I can summarize its origin in three sentences, which are: economic knowledgeization, knowledge marketization, and market legalization. Due to the development of science and technology, human economic activities generally require knowledge, and knowledge has become an important factor of production. Without certain relevant knowledge, there is no way to carry out economic activities. This is economic intellectualization; and the knowledge required for economic activities has been marketized. , that is, knowledge can be priced, it is a form of wealth, and can be bought and sold as a commodity; if there is a transaction, there must be a market, and this market is regulated by the legal system. How to define knowledge products and which knowledge products can be subject to Legal protection and how to trade are all stipulated by law, so intellectual property law was born. Therefore, there are three conditions for the emergence of intellectual property law: first, economic activities require knowledge; second, the economic operating mechanism is a market economy, not a planned economy; third, market transactions are legally constrained.
The role of intellectual property law is to protect intangible intellectual products such as the intellectual creation achievements, business management activity marks, and reputation of the rights subject. Intellectual property law is an independent legal department in common law countries, which is determined by the intangibility and variability of the objects it protects, namely intellectual products. In our country's legal system, intellectual property law currently falls under the category of civil law. Therefore, when we study our own country's intellectual property law, we also need to understand some relevant provisions of civil law.
2. Learning Requirements
The first requirement is to read the textbook thoroughly. The textbook we use is "Intellectual Property Law" edited by Mr. Wu Donghan (first edition, November 2005, published by the Central Party School Press). It has 290,000 words and takes a few days to read. Reading the textbook thoroughly is the first and most basic requirement. Only by reading the textbook thoroughly can you have an overall understanding of the knowledge system of this course; it is also very helpful for exam review.
The second requirement is to be familiar with relevant laws and regulations. The focus is on the Copyright Law and its Implementing Regulations, the Patent Law and its Implementing Regulations, the Trademark Law and its Implementing Regulations, as well as the Anti-Unfair Competition Law and the Computer Software Protection Regulations 》. I have these 8 laws and regulations in my computer, and students who need them can use a USB flash drive to copy them. In addition, you should also understand the basic principles, civil rights capacity and civil conduct capacity, civil legal acts, civil liability and other chapters of the "General Principles of Civil Law".
The third requirement is to master basic concepts and key contents. This textbook is divided into six parts. We have four lessons in the first part. What I want to talk about is to use four lessons to pick out the key issues in each part. Finally, a lesson will be used to outline the "thinking questions" after each chapter. These thinking questions summarize the basic concepts and key contents of the course.
The fourth requirement is to analyze and understand theoretical knowledge, laws and regulations with actual cases, and master certain intellectual property legal practices. Contacting reality is not only an important learning method, but also the purpose of learning.
3. About the exam
The written exam is worth 70 points, the homework is 20 points, and the attendance is 10 points. The types of questions in the exam include single-choice and multiple-choice questions, true-false questions, short-answer questions, essay questions, case analysis questions, etc.
In terms of test-taking skills and techniques, I would like to give you some advice: First, the handwriting must be neat and clean, especially the name and student number must be written in a standardized way. As far as flexible test questions in liberal arts exams are concerned, the quality of handwriting is directly related to the final score. For example, for a 10- or 15-point essay question, if the writing is good, you will get one or two points more, and if the writing is not good, you will get one or two points less. This is a common evaluation standard.
Second, do not leave blank spaces in the test paper. For example, if you can't answer the fill-in-the-blank questions, you have to fill them in reluctantly; if you really can't do the short-answer questions and essay questions, you still have to write a few nonsense sentences. Leaving a blank space on the test paper will give a bad impression to the marking teacher. He will think that your attitude is not correct enough, or at least it means that you do not understand. For example, if you are a township chief down below, you have to do every task assigned by the above. If you do a few of them very well, but one of them is blank, then when the above checks it, you will not have a good impression.
Third, answer skills for multiple-choice and judgment questions.
Multiple-choice questions and true-false questions with very clear answers are very simple to do. The key is ambiguous choices and choices where you don’t know the correct answer at all. What should you do? I suggest you use two methods: one is to close your eyes and press it with your fingers, whichever one you press is the one; the other is to write "ABCD", "1234" or "right" and "wrong" on the paper , roll it up and choose by drawing lots. Doing so can often get you half the answer.
Fourth, there are two keys to answering essay questions: First, write down the main points, preferably with serial numbers. It is impossible for the marking teacher to have time to answer every candidate's essay question without a sentence. If you read it once, he mainly looks at the key points; secondly, you have to write a lot. If the entire test paper is still two or three points or three or five points short of passing the test, the marking teacher will usually go back and give you the essay question. However, multiple-choice questions, true-false questions, short-answer questions, etc. are dead and there is no room for extra points.
Fifth, the legal basis must be written for the case analysis. For example, according to what article and paragraph of which law is it stipulated, do not make an academic and reasonable statement; for example, if someone's rights have been violated and you feel that he is wronged, what kind of compensation should he receive based on the conscience of heaven and earth? This analysis is wrong.
Last point, you must maintain a winning and happy mood before and during the exam. Even if you haven’t read a word of the textbooks and haven’t prepared the laws and regulations, you still have to be confident, think hard, look for opportunities, and persevere until the end. If you have no self-confidence and feel irritable and depressed, you will not be able to remember things even if you usually remember them. On the contrary, if you are confident and in a happy mood, you will often be able to perform beyond your normal capabilities and encounter unexpected opportunities.