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Court of special jurisdiction is one level of the court system in China. The courts under this jurisdiction includes:
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Court of special jurisdiction is one level of the court system in China. The courts under this jurisdiction includes:
A copyright is a type of intellectual property that gives the creator of an original work, or another right holder, the exclusive and legally secured right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States.
In international law, extraterritoriality is the state of being exempted from the jurisdiction of local law, usually as the result of diplomatic negotiations.
The Courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales.
A trademark attorney or trade mark attorney or agent is a person who is qualified to act in matters involving trademark law and practice and provide legal advice on trade mark and design matters.
Intellectual property rights (IPRs) have been acknowledged and protected in China since 1980. China has acceded to the major international conventions on protection of rights to intellectual property. Domestically, protection of intellectual property law has also been established by government legislation, administrative regulations, and decrees in the areas of trademark, copyright, and patent.
In the judicial system of Japan, the Constitution of Japan guarantees that "all judges shall be independent in the exercise of their conscience and shall be bound only by this constitution and the Laws". They cannot be removed from the bench "unless judicially declared mentally or physically incompetent to perform official duties", and they cannot be disciplined by executive agencies. Supreme Court judges, however, may be removed by a majority of voters in a referendum that occurs at the first general election following the judge's appointment and every ten years thereafter. The judiciary was far more constrained under the Meiji Constitution than it is under the present Constitution and had no authority over administrative or constitutional law cases. Moreover, the Ministry of Justice had complete and direct control over the courts' administrative affairs. Nonetheless, Professor John Haley argues that the courts maintained complete independence in the adjudication of particular cases. "Judicial independence from the political branches was emphatically established as a fundamental principle of governance in Article 57 of the Meiji Constitution. Of all branches of government only the courts exercised authority 'in the name of the Emperor'." Haley argues that this was and remains a matter of great pride for Japanese judges and notes that "placed prominently in all courtrooms was the inscription 'in the name of the Emperor' as a meaningful reminder to imperial officials and subjects alike that the Emperor's judges were not subject to political control or direction."
Tokyo High Court is a high court in Kasumigaseki, Chiyoda, Tokyo, Japan. The Intellectual Property High Court is a special branch of Tokyo High Court. Japan has eight high courts: Tokyo, Osaka, Nagoya, Hiroshima, Fukuoka, Sendai, Sapporo, and Takamatsu. Each court has jurisdiction over one of eight territories in the country. Each has a president and several high court judges. Typically three judges will sit to hear a case, though in some cases - such as ones related to insurrection - five judges will sit.
The United States Court for China was a United States district court that had extraterritorial jurisdiction over U.S. citizens in China. It existed from 1906 to 1943 and had jurisdiction in civil and criminal matters, with appeals taken to the U.S. Court of Appeals for the Ninth Circuit in San Francisco.
The judicial branch, organized under the constitution and organic law, is one of five organs of state power elected by the National People's Congress (NPC), in the People's Republic of China. China does not have judicial independence or judicial review as the courts do not have authority beyond what is granted to them by the NPC under a system of unified power. The Chinese Communist Party's Central Political and Legal Affairs Commission maintains effective control over the court system and its personnel. Hong Kong and Macau have separate court systems in accordance with the "one country, two systems" doctrine.
A trademark is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies a product or service from a particular source and distinguishes it from others. A trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. Trademarks used to identify services are sometimes called service marks.
Schillinger v. United States, 155 U.S. 163 (1894), is a decision of the United States Supreme Court, holding that a suit for patent infringement cannot be entertained against the United States, because patent infringement is a tort and the United States has not waived sovereign immunity for intentional torts.
A patent court is a court specializing in patent law, or having substantially exclusive jurisdiction over patent law issues. In some systems, such courts also have jurisdiction over other areas of intellectual property law, such as copyright and trademark.
Dentons Rodyk & Davidson LLP is one of Singapore's largest law firms, with around 200 lawyers who are qualified in various jurisdictions such as those of Singapore, Australia, England and Wales and India, and with offices in Singapore and Myanmar.
The Swiss Federal Patent Court is a Swiss federal court competent for particular legal matters, such as patent cases. It has its seat in Sankt Gallen, Switzerland.
Patent law in modern mainland China began with the promulgation of the Patent Law of the People's Republic of China, in 1984. This law was modeled after patent systems of other civil law countries, particularly Germany and Japan.
The Shanghai Financial Court is the first specialized financial court to be established the People's Republic of China. It was established in August 2018 to provide specialized handling of finance related cases.
The Beijing Intellectual Property Court is a Court of special jurisdiction in the People's Republic of China, which handles: "first-instance IP civil or administrative cases with professional features involving patents, new varieties of plants, layout design of integrated circuit, know-how and so on." There are similar courts based in Shanghai and Guangzhou.
Design is a form of intellectual property right concerned with the visual appearance of articles which have commercial or industrial use. The visual form of the product is what is protected rather than the product itself. The visual features protected are the shape, configuration, pattern or ornamentation. A design infringement is where a person infringes a registered design during the period of registration. The definition of a design infringement differs in each jurisdiction but typically encompasses the purported use and make of the design, as well as if the design is imported or sold during registration. To understand if a person has infringed the monopoly of the registered design, the design is assessed under each jurisdiction's provisions. The infringement is of the visual appearance of the manufactured product rather than the function of the product, which is covered under patents. Often infringement decisions are more focused on the similarities between the two designs, rather than the differences.
Hangzhou Internet Court is a court of special jurisdiction in China.
Ordinary court or judicial court is a type of court with comprehensive subject-matter jurisdiction compared to 'specialized court' with limited jurisdiction over specific filed of matters, such as intellectual property court. Due to its comprehensive feature, ordinary courts usually deal with civil case and criminal case, and treated as core part of conventional judiciary. Especially for common law countries, the term superior court is used for courts with general jurisdiction, compared to courts with limited jurisdiction over minor, petty cases such as small claims court.
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