展会中的法律问题及监管机制研究
发布时间：2018-10-17 12:32
【摘要】：展会脱胎于“集市”这种古老的市场形态,现在意义上的展会形成于17—19世纪,迄今已走过了几百年的时间。作为一个新兴的经济增长点,展会日益成为世界各国和地区关注的焦点。为满足展会迅速发展的需要,我国商务部、国家知识产权局、商标局和国家版权局四部委联合制定了《展会知识产权保护办法》,于2006年3月1日正式实施。然而,由于自身存在的不足,导致该《办法》在展会监管方面起到的作用没有达到人们的预期。 本文以展会中的法律问题及监管机制为中心,从展会涉及的基本理论入手,运用比较分析方法,结合德国、美国和中国香港等展会发达国家和地区的立法进行阐述,揭示出我国目前立法存在的不足,提出了进一步完善的方法与对策。全文除引言和结语外,共分为四个部分。 第一部分,展会相关基本理论分析。该部分主要从展会的概念,展会的特点,展会涉及的主体进行分析,并对展会根据不同的标准进行分类。从而引出展会监管的基本理论,以期达到展会监管的法治目标。 第二部分,对一些国家和地区展会监管机制及立法、司法现状的分析。该部分主要对展会发达国家和地区德国、美国和中国香港进行分析,以期从其对比中,找到适合我国国情的展会监管模式。 第三部分,我国展会的发展状况及存在的法律问题。该部分主要对我国展会的发展状况进行简单分析,引出我国展会中存在的法律问题,并对这些法律问题出现的原因进行归纳总结和我国监管现状的概括。 第四部分,完善我国展会监管机制的建议。该部分主要从展会监管的法理基础进行分析,从立法完善、制度建设和行业自治的角度提出完善我国展会监管机制的建议。
[Abstract]:The exhibition was born out of the ancient market form of bazaar. It has been hundreds of years since it was formed in the 17-19 th century. As a new economic growth point, the exhibition has increasingly become the focus of attention of countries and regions around the world. In order to meet the needs of the rapid development of the exhibition, the Ministry of Commerce, the State intellectual property Office, the Trademark Office and the National copyright Bureau jointly formulated the "measures for the Protection of intellectual property Rights of the Exhibition", which was formally implemented on March 1, 2006. However, due to its own shortcomings, the regulatory role of the exhibition did not meet expectations. This paper focuses on the legal issues and regulatory mechanisms in the exhibition, starting with the basic theory involved in the exhibition, using the comparative analysis method and combining the legislation of developed countries and regions such as Germany, the United States and Hong Kong of China. This paper reveals the shortcomings of our country's current legislation, and puts forward some methods and countermeasures for further improvement. In addition to the introduction and conclusion, the full text is divided into four parts. The first part, the exhibition related basic theory analysis. This part mainly analyzes the concept of the exhibition, the characteristics of the exhibition, the main body involved in the exhibition, and classifies the exhibition according to different standards. It leads to the basic theory of exhibition supervision, in order to achieve the legal goal of exhibition supervision. The second part analyzes the supervision mechanism and legislation of exhibition in some countries and regions. This part mainly analyzes the developed countries and regions of the exhibition, Germany, the United States and Hong Kong, China. The third part, the development of China's exhibition and the existing legal problems. This part mainly analyzes the development of the exhibition in China, leads to the existing legal problems in the exhibition, and summarizes the reasons for these legal problems and the current situation of supervision in China. The fourth part, perfect our country exhibition supervision mechanism suggestion. This part mainly analyzes the legal basis of exhibition supervision, and puts forward some suggestions to perfect the supervision mechanism of exhibition in China from the angles of legislation perfection, system construction and industry autonomy.
【学位授予单位】：北方工业大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D923.4
[Abstract]:The exhibition was born out of the ancient market form of bazaar. It has been hundreds of years since it was formed in the 17-19 th century. As a new economic growth point, the exhibition has increasingly become the focus of attention of countries and regions around the world. In order to meet the needs of the rapid development of the exhibition, the Ministry of Commerce, the State intellectual property Office, the Trademark Office and the National copyright Bureau jointly formulated the "measures for the Protection of intellectual property Rights of the Exhibition", which was formally implemented on March 1, 2006. However, due to its own shortcomings, the regulatory role of the exhibition did not meet expectations. This paper focuses on the legal issues and regulatory mechanisms in the exhibition, starting with the basic theory involved in the exhibition, using the comparative analysis method and combining the legislation of developed countries and regions such as Germany, the United States and Hong Kong of China. This paper reveals the shortcomings of our country's current legislation, and puts forward some methods and countermeasures for further improvement. In addition to the introduction and conclusion, the full text is divided into four parts. The first part, the exhibition related basic theory analysis. This part mainly analyzes the concept of the exhibition, the characteristics of the exhibition, the main body involved in the exhibition, and classifies the exhibition according to different standards. It leads to the basic theory of exhibition supervision, in order to achieve the legal goal of exhibition supervision. The second part analyzes the supervision mechanism and legislation of exhibition in some countries and regions. This part mainly analyzes the developed countries and regions of the exhibition, Germany, the United States and Hong Kong, China. The third part, the development of China's exhibition and the existing legal problems. This part mainly analyzes the development of the exhibition in China, leads to the existing legal problems in the exhibition, and summarizes the reasons for these legal problems and the current situation of supervision in China. The fourth part, perfect our country exhibition supervision mechanism suggestion. This part mainly analyzes the legal basis of exhibition supervision, and puts forward some suggestions to perfect the supervision mechanism of exhibition in China from the angles of legislation perfection, system construction and industry autonomy.
【学位授予单位】：北方工业大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D923.4
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