留学生法学dissertation（信息科技法information technology law 或者电子商务法）-the legal p

About 5000words due date：2010-12-25 22:00pm
领域：法学（信息科技法information technology law 或者电子商务法）

topic: the legal protection of domain name in e-commerce（电子商务中的域名保护）最好能以香港法律为例

The following aspects of the topic might be discussed.
——the relationship between domain name and trade mark（域名与商标的关系）
——the conflicts between domain name and trademark right in e-commerce（电子商务领域内域名与商标权的冲突）
——domain name infringement（对域名的侵犯）
——current legal protection of domain name（域名保护的现状）
——further legal initiatives that could be taken to protect domain name（对域名保护的措施的建议）

dissertation需要包含的部分：
题目
摘要
关键词
正文（包括简介和结论）
参考资料目录
Chapter 6 legal system of scientific and technological achievements

introduction

1, the definition and features of scientific and technological achievements

Scientific and technological achievement, is science and technology research and development as the results, it is to point to the scientific and technical workers through the creative technology has a certain except academic significance or practical value, and gain practical inspection and social admitted that the creative work of the results.

Its main features summarized as follows:

First, it belongs to the intellectual work results. Any scientific and technological achievements must be through the investigation, test, the development, the observation and so on a series of scientific research activities to reach it, not the intelligence of the scientific and technical workers labor, is impossible to produce scientific and technological achievements.

Second, the scientific and technological achievements are creative. Science and technology achievements would not rely on simple and repeatability of labor and produce out, any scientific and technological achievements, whether the scientific theoretical results, or application technology achievements or phases of scientific and technological achievements, must be creative. This creative, namely the scientific and technological achievements of science and technology achievements with always compared with substantive features and must be progress.

Third, the formation of scientific and technological achievements intangible property. Different from the scientific and technological achievements of production tangible property, it is a kind of no form, not occupy any space of the intangible property, although it will through the drawings, technical data, machine, equipment, carrier and so on to reflect its content, but carrier itself is not scientific and technological achievements. Science and technology achievements is a and has value and use value of the intangible property, in its use, the implementation process will continue to value, its reason lies in its use value has a natural interoperability and an unlimited materialization of sex.#p#分页标题#e#

Fourth, get practice test and the social recognition. Science and technology achievements must through the identification, acceptance, evaluation, evaluation or journals published on the means such as access to social recognition or the test of practice. So, scientific and technological achievements and scientific research results, science and technology achievements, the concept of the patent is not identical. Because research results and science and technology achievements in work is not necessarily the performance for the scientific and technological achievements, and patents is part of the scientific and technological achievements.

2, the classification of scientific and technological achievements

According to the scientific and technical workers in the different nature of creative work, scientific and technological achievements into base general research, application technology achievements and soft science research results three categories.

The first section of scientific and technological achievements management law system

A scientific and technological achievements in China, relevant laws and regulations

1 and in the scientific and technological achievements of registration, the registration of scientific and technological achievements way"

2, in the scientific and technological achievements appraisal aspects: the scientific and technological achievements appraisal way"

3, in the scientific and technological achievements assessment: "about to improve science and technology evaluation of the decision"

The science and technology evaluation method"

Second, science and technology achievements appraisal system

Science and technology achievements appraisal system is scientific and technological achievements management system is an important part of science and technology after the completion of the project acceptance post-project as well as the symbol of scientific and technological achievements of scientific and technical prizes with declare registration prerequisite. In order to strengthen the management of scientific and technological achievements appraisal, accurate in judging the quality and level of the scientific and technological achievements, and promote the improvement of the scientific and technological achievements and raise the level of science and technology, speed up the popularization and application of the scientific and technological achievements, according to the progress of science and technology law, formulated the scientific and technological achievements appraisal method ".

(a) science and technology achievements appraisal of the meaning and scope

1, meaning

Science and technology achievements appraisal, is refers to the relevant science and technology administrative authorities hire experts, in accordance with the prescribed forms and procedures, and review of scientific and technological achievements and evaluation, and make corresponding conclusion. Need to point out is, the our country present the scientific and technological achievements appraisal system, strictly control the scope of the appraisal of achievement and quantity.#p#分页标题#e#

2, the scope

(1) the scientific and technological achievements appraisal method "regulation, the present stage in China should identify the scientific and technological achievements include listed in the national and provincial, autonomous region, municipality directly under the central government and the relevant departments under the state council within the application of science and technology plan of technological achievements: the national science and technology plan, including the national science and technology administrative organ, the state plan management administrative organs and state economic and trade management administrative organs of the management major national science and technology plan; Provinces, autonomous regions, municipalities directly under the central government of science and technology plan range, by provinces, autonomous regions, municipalities directly under the central government science and technology administrative authority according to the province (autonomous region, municipality directly under the central government) and the specific situation of the province (autonomous region, municipality directly under the central government) agreed to relevant departments and submitted to the national science and technology administrative authorities for the record; The relevant departments under the state council of science and technology plan, namely the various departments of the state council authority slurry (bureau) management and recognition of the science and technology plan. In addition, the application of the technology achievements include new products, new technology, new technology, new material oh see materials, new design and biological, mineral new varieties, etc.

(2) science and technology major application technology achievements plan for science and technology achievements appraisal, its should have of conditions are: (1) mature technology and have obvious creative; (2) the performance index in the domestic leading level in the same field in; (3) proved by practice can be used; Our industry or the region (4) of the economic and social development and the progress of science and technology has the significant role in promoting.

(3) do not organize identification of the scientific and technological achievements

(1) basic theory research, this kind of scientific and technological achievements in the natural sciences is pure theoretical research results, the main form of scientific papers. So, its evaluation method should be according to international practice, through the same field at home and abroad of academic journals published or a conference, which cause the attention of domestic and foreign experts, comments and acceptance, by the place the unit comprehensive evaluation opinions issued by academic institutions. (2) the soft science research results, is to promote the scientific decision-making and management modernization, science and technology, economy and society to promote the coordinated development of the important research results, the main form as the research report. (3) has applied for patents the application technology of result, with the project submitted to the Chinese Patent Office of an application for patent shall be limited to date, the application for future do not organize identification. Local technology has applied for patents but overall not patent application and technology in accordance with the provisions of the application technology achievements, can apply for identification. (4) of the implementation of the application has been transferred technology achievements, is by the research KaiFaFang according to law of research and development results will be transferred to other enterprise, and has set up a file in industrial production application technology achievements, the construction unit shall be made by the production is evaluated. (5) enterprise, institution self-developed commonly used technology achievements, in addition to the provisions of law major application technology achievements outside, should through the market mechanism to get social acceptance. 6 the provisions of the laws and regulations of the state, must go through the legal specialized agency review confirm the scientific and technological achievements, and there is a special law or the competent administrative organs of industry rules to make clear a regulation, must, in accordance with the provisions of laws and regulations by special agencies authorized the scientific and technological achievements. 7 violated state laws and regulations, the social and public interests, the state resources undermine the role of ecological environment caused by pollution hazard the scientific and technological achievements, science and technology administrative organs at various levels shall not accept the application for the appraisal; Has been accepted and is the identification, shall be immediately stop appraisal; Has the through the identification, shall be revoked.#p#分页标题#e#

(2) the organization of the scientific and technological achievements appraisal and the form

1, science and technology achievements appraisal organization

The national science and technology administrative organs;

Provinces, autonomous regions, municipalities directly under the central government science and technology administrative organs;

The relevant competent authorities of the scientific and technological achievements management institution shall be responsible for the organization.

2, the scientific and technological achievements in the form of identification

The testing, conference identification, the letter identification.

(3) science and technology achievements appraisal process

1, apply for

The scientific and technological achievements appraisal for technological achievements by units or individuals, according to task sources or subordinate relationship, to the competent authority in advance. Subordinate relationship is not clear, technological achievements unit or individual to the region where the provinces, autonomous regions, municipalities directly under the central government science and technology administrative authorities for identification.

2, examine

Identification of the application in received within 30 days, the organization identification unit shall clear whether or not to accept the application for identification, and make a reply. The review of the content, is an identification of the scientific and technological achievements have identified conditions. An identification of the scientific and technological achievements must have the condition which has the following four: first, has completed the agreement of the contract or plan task defined tasks; Second, there is no units or personnel technological achievements over the objections of ownership arrangement dispute; Third, technical material is complete, and in accordance with the requirements of the file management; Fourth, by the state science and technology commission and of the provinces, autonomous regions, municipalities directly under the central government science and technology commission of the state council or the relevant departments of the science and technology by the agency that information searching conclusion report.

To meet the conditions of the appraisal shall be approved and notify the application identification unit; Do not conform to the identification of the conditions, will not be accepted; The scientific and technological achievements of special major, accepts the application for the scientific and technological achievements management institution can be submitted to the higher level of scientific and technological achievements management organization identification.

3, identifies

The identification organized unit or host identification unit organization appraisal of scientific and technological achievements.

The main contents of scientific and technological achievements appraisal is: (1) is completed contract or plan task required indicator; (2) the technical data are complete and complete compliance with regulations; (3) application technology achievements of creative, advanced and mature degree; (4) application technology achievements application value and market promotion of conditions and prospects; (5) the problems and improvements.#p#分页标题#e#

4 and issue the certificate

Through the scientific and technological achievements appraisal of classics, the organization identification unit is issued "science and technology achievements appraisal certificate". Science and technology achievements of identification documents, materials, respectively by the organization and apply for appraisal appraisal unit in accordance with the science and technology archives management unit regulations of the department filing.

(4) science and technology achievements appraisal management and legal responsibility

1, science and technology achievements appraisal work management system

The national science and technology administrative authority by management, the guidance and supervision of the national science and technology achievements appraisal work; Provinces, autonomous regions, municipalities directly under the central government science and technology administrative authority management, supervision, the region by the scientific and technological achievements appraisal work; The relevant departments under the state council, the competent authorities responsible for the management, supervision and the department of science and technology achievements appraisal work.

2 science and technological achievements appraisal legal responsibilities

(1) complete scientific and technological achievements of unit or individual steal others of scientific and technological achievements, or in the identification process engages in malpractices for personal gain, forgery, once thorough check, organization identification unit shall be terminated the appraisal; Has completed the appraisal shall be revoked; Have to the country, the society of the loss, by its place unit or the competent authorities shall give administrative punishments directly responsible persons.

(2) identification organized unit or host identification unit staff appraisal work in dereliction of duty, abusing power for personal gain and took bribes, by its place unit or the competent authorities shall give administrative sanctions.

(3) to identify experts who neglect their duties, deliberately making false conclusion, the adverse consequences, by its place unit or the competent authorities shall give administrative punishments, and cancel the appraisal qualification.

(4) to participate in the relevant personnel appraisal, without complete scientific and technological achievements of unit or individual agree, without authorization, use or disclosure to other persons and transfer was identified the key technology of scientific and technological achievements, it shall, according to relevant regulations, it shall be investigated for legal responsibility; Technological achievements to units or individuals of loss, it shall pay; The plan involves state secrets, in accordance with the law of the People's Republic of state secrets law and scientific and technological secrets regulations concerned.

(5) the reform of the system of scientific and technological achievements appraisal#p#分页标题#e#

With the deepening of the reform of the science and technology system and the development of the market economy, has the strong administrative management of color staa system already more and more can not adapt to the needs of the development of the situation, to be reformed.

Reform identification system basic starting point, should be conducive to the development of market economy, which is beneficial to the invention and training talents, be helpful for science and technology into productivity.

Concrete goal: to the evaluation of scientific and technological achievements of international practice draws close, to establish China's socialist market economy system, according to the market economy and science and technology of the inherent laws of scientific and technological achievements evaluation system.

Three, science and technology achievement evaluation system

Science and technology assessment is a science and technology management is an important part of national science and technology to promote the sustainable and healthy development, promote the cause of science and technology resources optimization allocation, improve the management level of science and technology of the important means and security. Our country related laws and regulations are: "about to improve science and technology evaluation of the decision", "the science and technology evaluation method".

Science and technology assessment, it is to point to the entrusted party according to the client's request, according to the regulation principles, procedures and standards, and use of scientific and feasible method for science and technology activities and science and technology activities related matters of the demonstration, review and evaluation, evaluation, acceptance and other activities. Evaluation objects, including central or local financial funding of science and technology plan, project, organization, personnel and achievements in science and technology, etc. So, scientific and technological achievement evaluation system of science and technology is an important part of the evaluation system. The scope of the evaluation of scientific and technological achievements, including basic research, application technology achievements, soft science research.

(a) the principle of scientific and technological achievements assessment

Science and technology achievement evaluation, in order to encourage innovation, speed up the cultivation of talents, promoting science and technology achievements and industrialization, promote the science and technology and economy, social development closely combining as the guide, scientific value, technical level and the market prospect for evaluation emphasis.

(2) the main body of the evaluation of scientific and technological achievements

Science and technology achievements behavior subject of the evaluation work, including the evaluation, the entrusted party and was evaluation party three party subject. The principal, mainly including science and technology administrative departments at various levels are responsible for the administration and other activities of science and technology of duty institution; The entrusted party, mainly including professional evaluation institutions, evaluation expert committee or evaluation expert group; Be evaluation party, it is to apply for, take or participate in the implementation of the organization of the activities in science and technology institutions, organizations or individuals. Science and technology evaluation work general the client entrust a specialized evaluation institutions, evaluation expert committee or evaluation expert group.#p#分页标题#e#

(3) the specific operation of evaluation of scientific and technological achievements

According to the need, entrust a specialized evaluation institutions, evaluation expert committee or evaluation expert group as the entrusted party, evaluation of scientific and technological achievements. Science and technology administrative departments at all levels by evaluation by general wrong party request organization evaluation. Evaluation of scientific and technological achievements shall select a percentage of experts as evaluation experts, in not jeopardize national security and use, under the premise of visual specific situation overseas experts invited participate in the evaluation result.

(4) legal responsibility

Participate in the evaluation work all the parties concerned personnel must strictly abide by the main body and the laws, regulations and other relevant provisions, ensure the integrity of the evaluation of scientific and technological achievements and objectivity.

(1) the personnel in the evaluation engages in malpractices for personal gain, abuse their powers, neglect their duties or interference evaluation work, not just in evaluation, in accordance with the relevant provisions shall be given administrative sanctions; Constitutes a crime, shall be investigated for criminal responsibility to the judicial organ.

(2) the entrusted party in the evaluation work in violation of the provisions of laws, cause serious inaccurate evaluation result, may entrust each case to make rectification and be given a warning, criticized, termination entrusted or cancel the evaluation qualification evaluation; Constitute the discipline, suggest the departments concerned shall give disciplinary action; Constitutes a crime, shall be investigated for criminal responsibility to the judicial organ; Economic losses to others, shall bear the liability for compensation.

(3) evaluation expert group in the evaluation work against the law, the consignor shall be ordered to make corrections, each case can be given a warning, criticized, cancel to evaluation of the qualification; Constitute the discipline, suggest the relevant units disciplinary sanction; Constitutes a crime, shall be investigated for criminal responsibility to the judicial organ.

(4) is in the process of performance evaluation evaluation party provides false information, information, interference evaluation work the independent, objective and impartial to develop, cause serious inaccurate evaluation results, the consignor shall be ordered to make corrections, each case can be given a warning, criticized, cancellation, termination by evaluation qualification project contract or a certain period cancel the bear of science and technology plan projects such as the qualification; Constitute the discipline, suggest the departments concerned shall give disciplinary action; Constitutes a crime, shall be investigated for criminal responsibility to the judicial organ.

Four, science and technology achievement evaluation system#p#分页标题#e#

Science and technology achievements assessment, mainly refers to the value of application technology achievements assessment, its purpose lies in the application for the transfer of technology achievements with permission use, such as a shareholder provides useful reference basis. Can be assessed the scientific and technological achievements, mainly including patent technology to give priority to the application technology of result, with copyright protection way primarily software results and other forms of application technology achievements, among them with the patented technology of value evaluation for typical. So, in the fourth question, we mainly come to find out the value of the patent technology achievements assessment, namely the patent assets evaluation.

Patent assets evaluation, in the patents for capital contribution pioneering, and patent result access to permit, assignment of the patent right and the determination of patent infringement amount play an important role. China's relevant laws and regulations are: the patent on strengthening the assets evaluation management work certain of notice of, the interim measures for the administration of patent assets assessment ". Here the patent assets, it is to point to patent, patent application and related assets.

(a) the patent asset appraisal institution management

• patent asset appraisal institution is set up by the application.

To apply for a patent, the asset appraisal institution, it shall meet the following conditions:

(1) accord with a country the relevant provisions of the state-owned assets administration;

(2) in the personnel, full-time or part-time personnel not less than three people; If it is other evaluation institutions engaged in asset appraisal business patent, full-time or part-time personnel not less than two people;

• specific operation

(1) of the application documents submitted to: the various departments of the state council set up a patent application for asset appraisal institution, should apply for registration documents the state intellectual property office; To apply for a patent where the asset appraisal institution shall report to the local application documents of the provinces, autonomous regions, municipalities directly under the central government the patent administrative authorities.

(2) the state intellectual property office and the patent administrative authorities of receiving the application documents within two months of the review decision to make, and translated by the state-owned asset management administrative departments for examination and approval. To meet the conditions, the state-owned assets administration issued uniformly printed in the assets evaluation qualification certificate, and by the state administration of state-owned assets and the joint announcement by the state intellectual property office.

(2) the patent assets evaluation personnel management

For patent assets evaluation personnel shall be specialized training. Professional training, including the asset appraisal knowledge and relevant patent knowledge training. Patent assets evaluation agencies of the full-time employees shall after the country's state assets administration and the state intellectual property office common evaluation, evaluation through, issue a "patent assets evaluation personnel assessment qualified certificate". Other institutions of assessment practitioners, issue the "patent asset appraisal training qualified certificate". Holding patents assets evaluation personnel appraisal certificate personnel shall have the right to apply for patent assets evaluation agencies offered full-time, then, patent assets evaluation personnel appraisal certificate is to apply for patent assets evaluation agencies offered full-time the necessary documents.#p#分页标题#e#

The state intellectual property office for training qualified and patented assets evaluation personnel appraisal certificate of registration system of personnel.

Engaged in the patent of the asset appraisal business personnel should be regularly accept relevant professional training.

In addition, employees can't be in two or more evaluation institutions engaged in the patent assets evaluation work.

(3) the patent asset appraisal business management

1, submit documents, deal with counterpoising truly formalities.

Entrust to patent assets assessment of the parties shall be entrusted to evaluate an orgnaization to submit relevant documents, to the place of the provinces, autonomous regions, municipalities directly under the central government the patent administrative authorities or competent authority to handle patent agencies made formalities. The patent administrative organ of receiving the complete application documents made within 30 working days of, made a decision, and the lower patent assets counterpoising truly and relevant documents, and will be made by the patent assets notice national Patent Office books for the record.

2, engaged in asset appraisal business patent of the assessment of the asset appraisal institution shall, in a patent after a month of the assessment results to the state intellectual property office for the record, the state intellectual property office to record data for duty of confidentiality.

Five, the scientific and technological achievements registration system

Science and technology achievements management of scientific and technological achievements to register is the important link, is also a basic work. The registration of scientific and technological achievements, which is beneficial to the science and technology management departments at all levels to the jurisdiction of the scientific and technological achievements overall level and development condition, be helpful for scientific and technological achievements statistics data of timeliness, accuracy and integrity, which is beneficial to the communication of information science and technology achievements transformation and application. The relevant laws and regulations in our country are: "science and technology achievements registration way".

(a) the scope of registration of scientific and technological achievements

(1) carry out all kinds of science and technology plan at all levels, the scientific and technological achievements made, the need for registration.

(2) FeiCaiZheng into the scientific and technological achievements made, voluntary register;

(3) the scientific and technological achievements involves state secrets, not in accordance with the scientific and technological achievements management registration to the registration, and according to the relevant provisions of the state secret science and technology management.

(2) science and technology achievements of the registration authority#p#分页标题#e#

The national science and technology department, management, guidance of national scientific and technological achievements and registration;

Provinces, autonomous regions, municipalities directly under the central government administrative department of science and technology-is responsible for this area of scientific and technological achievements registration work;

The relevant departments under the state council and the departments directly under, directly under the institutions responsible for the department of science and technology achievements registration work.

(3) the scientific and technological achievements of the registration organ

Provinces, autonomous regions, municipalities directly under the central government administrative department of science and technology under the state council and the relevant departments, agencies affiliated institutions, directly under the scientific and technological achievements management agencies authorized by the registration organ of scientific and technological achievements, register a condition to according with scientific and technological achievements, registration.

Science and technology achievements of the persons involved, can press directly under the principle of territoriality or to the corresponding technical achievements registration institution to register formalities of scientific and technological achievements, and shall not repeat registration. Two or more than two people together to achieve the scientific and technological achievements, the persons involved by the first deal with the formalities that register.

(4) science and technology achievements of the registration procedure

1, submit the registration form of scientific and technological achievements "and related materials

2, examine

Science and technology achievements to the registration organ for the scientific and technological achievements in the registration form is examined, to meet the conditions of the registration, and issue registration certificate. Note here is, science and technology achievements not as proof of registration confirm the ownership direct basis for scientific and technological achievements.

3, announcement

Science and technology achievements have been registered in the registration institution on the scientific and technological achievements shall timely to log on to the national science and technology achievement database, and in the national science and technology achievements web site or science and technology research results on the bulletin of the public announcement.

(5) 信息科技法legal responsibility

(1) all that controversial scientific and technological achievement, not in dispute is resolved, the registration shall not be made; The scientific and technological achievements have been registered and found a forgery, plagiarism, falsify or by other means to infringe upon the act of intellectual property, the cancellation of registration.

(2) science and technology achievements of the registration department staff unauthorized use, disclose, transfer of registration of technology achievements secret, to infringe upon the intellectual property right, be investigated for corresponding legal responsibilities. #p#分页标题#e#