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자료유형
학술저널
저자정보
金钟佑 (江南大学)
저널정보
한국국제경제법학회 국제경제법연구 國際經濟法硏究 第9卷 제2호
발행연도
2011.11
수록면
285 - 324 (40page)

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I analyzes the significance and function of the revision of the Foreign Trade law in five aspects, mainly as follows: enlarging the range of the permitted foreign t rader, supplementing the stipulation of state trade, legalizing the permission of automatic import and export , strengthening and accelerating the intellectual proper ty protection in the foreign trade area, and establishing and completing the invest igation system of foreign trade. Mean while, the lack of it is also pointed out.
This article proceeds with research of the international financial service trade barrier, has described the frame of law of WTO"s financial service trade, have explained the basic law principle of WTO‘s financial service trade especially, have studied the principle of national treatment, the market access and most favored nation treatment principle of GATS especially among them.
In recent years, with the rapid development of the media industry, network violations arise. As one of the main network of copyright infringement, the issue of act of tort and the legal responsibility of network service providers have begun to attract legislative attention both at home and abroad. For specific issues in judicial practice, China also makes some relevant provisions on network service providers. However, for the lack of legislative experience and complex judicial practice, the system of network service providers’" liability displays certain insufficiency and flaws in our country. Therefore, China needs to learn from other countries and make in - depth practice for refinement and further development.
As a new form of communication through information network in recent years, non - interactive communication through information network now falls out of the p resent law as it does not fall into the regulaiton any of the laws and rules concerning exclusive rights in China’ Copyright Law. The reason lies in the fact that the articles on the right of communication through information network in China’ Copyright Law has imp roperly limited the scope of the right of communication to the public in international treaties and confine it to interactive communication through information network. China should, while keep ing the title of the right of communication through information network, abide by the regulations in international treaties on the right of communication to the public so as to make it app licable to all acts of communication through information network and to meet the requirements in international treaties.

목차

一、序言
二、與中國知識産權法律體系有關的涉外貿易法
三、中國法律內對於侵害網絡著作權的規制
四、中國網絡著作權保護問題的改善方案
五、結論
參考文獻
Abstracts

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UCI(KEPA) : I410-ECN-0101-2013-361-001115309