Moutai, produced exclusively in the town of Moutai in Renhuai, Zunyi, Guizhou Province, China, is a specialty of the Han Chinese people and one of the three most famous distilled spirits, along with Scotch whisky and French cognac. It is known as the "national liquor" and is one of the highest-end liquors in China.

 

Jingdezhen porcelain, a special product of Jingdezhen City, Jiangxi Province, a product of China's National Geographical Indication. Jingdezhen porcelain is famous for its white porcelain. It is known as "white as jade, bright as a mirror, thin as paper, and sound like a chime". It has a complete variety and has more than 3,000 product names. The porcelain is excellent, the shape is light, and the decoration is diverse. The product is well-known in the world, and it is one of the outstanding representatives of ancient ceramic art in the world. On April 15, 2005, the former General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China approved the implementation of the protection of products in the region of origin for "Jingdezhen Porcelain".

 

2.Select from the list below those geographical indications which can also be considered appellations of origin

a) Bordeaux wine

Bordeaux red wine is a kind of wine, and Bordeaux wine is world-renowned for its smooth and delicate taste, and is known as the "Queen of French wines", and is recognized as the largest wine producing area in the world. It is located in beautiful Bordeaux, France.

Bordeaux is located in the southwest of France, and its latitude zone is similar to Changchun in China. However, due to its proximity to the Atlantic Ocean, it is influenced by the warm current of the Atlantic Ocean, forming a unique maritime climate with warm winters and cool summers, and rainy winters and dry summers.

 

c) Roquefort cheeseRoquefort is a type of sheep's milk blue mould cheese produced in the village of Roquefort-sur-Soulzon in the town of Saint-Affrique near the Tarn River in the south of France. The village of Soulzon. Roquefort is one of the three biggest blue mould cheeses in the world, along with Gorgonzola (Italy) and Stilton (UK). Although similar cheeses are produced elsewhere, European law stipulates that only blue mould cheese fermented and matured in the caves of the village of Roquefort on the Sozondel can bear the name Roquefort.

 

d) Champagne

The wine must be made from grapes grown in the county and must be made there, using a specific grape variety and a special winemaking process, hence the name of the county for the wine. It is a sparkling wine with carbon dioxide, the most precious of all sparkling wines, and one of the first we encountered.

 

e) Sheffield SteelCity of Steel——Sheffield  In the past 100 years, Sheffield has become synonymous with the steel industry, so much so that the British have renamed it the "steel city". In the "Canterbury Tales", a loyal reader of the poet Chaucer often Bring a table knife made in Sheffield. In fact, before the 16th century, Sheffield was not well known except for producing high-quality tableware. In 1742, a knife dealer named Thomas Boulsover discovered a method of fusing copper and silver to make the produced utensils look like silver, but the actual cost was much lower. He plated silver on copperware, which is now the famous "Sheffield gold and silverware", including snuff bottles, buckles, tableware, etc. This invention greatly stimulated the development of Sheffield's urban industry. In modern times, collectors prefer these works of art with a slight blue light. The coal industry in the 18th century was also the main economic pillar of Xiecheng. In addition, Xiecheng has some notable inventions: Benjamin Huntsman invented crucible steel in 1740, which is stronger and cheaper; in 1913, Harry Brearley invented stainless steel.

1. Originality. According to the copyright law enforcement regulations, to constitute a work, it must be original. Originality, also known as originality, means that a work is created independently by the author and is the product of the author's independent thinking and labor. In other words, the selection and arrangement of words, plots, notes, colors, pictures and shapes are independently completed by the author rather than copied by others. This means that copyrighted works are not protected by copyright law because they are not original. The originality of the work refers to the originality of the form of the work, not the originality of the content. A work, though identical in content with other works, is protected by copyright law as long as its expression is independently created by the author.

2. Legitimacy. Originality alone is not enough for a work to be protected by copyright. To be protected by copyright, a work must be legitimate. Legitimacy means that the content of the work must be legal and does not violate relevant national laws. Legality is not a component of a work, but it is a prerequisite for a work to be protected by copyright law.

2.     Imagine that you are a citizen of one of the countries that signed the Berne Convention, and you are creating a literary work. What steps should you take to obtain (get) copyright for your work?

Above all, can go to domestic copyright registration center to register copyright. The normal registration fee is $300. After paying the fee, the copyright registration certificate can be obtained for a period of time. Or it can be handled on the official network, but it needs to provide the creation time, content and core content of the work.

In applying for copyright, the applicant may apply for it himself or on behalf of the applicant. When handling the need to provide: application for registration, grade form, right guarantee, and attach the original and copy of the work, explain the creation concept, the main characteristics of the work and the content of the writing, etc.. A copy of the applicant's ID card is also required.

3.     What is the minimum duration of protection provided by copyright under the Berne Conventions? How has it changed since the adoption of the Convention?

In the case of literary and artistic works in general, the convention grants protection for the author's lifetime and 50 years after his death. This period is the minimum period for the protection of works.

The Convention has been supplemented and revised seven times since its entry into force:

In 1896, representatives of the members of the Convention held a conference in Paris to supplement the contents of the convention. The main contents of the supplement are:

1. The principle of national treatment will apply not only to nationals of states parties to the Convention, but also to nationals of non-States parties whose works are first published in states parties to the Convention;

2. It defines "publishing" and points out that only "indirect communication" (reproduction) belongs to publishing, while "direct communication" such as exhibition and performance does not belong to publishing.

3. Extended the protection period of translation rights;

The first amendment was made in 1908, changing most of the original articles of the Convention. The major changes are:

1. All additional marks or procedures required by international protection of publishing rights have been cancelled, and the principle of "automatic protection" has been implemented.

2. Expanding the scope of objects protected by the Convention;

3. Stipulating that the term of protection of the translation right is extended to the same period as that of the entire copyright of the work;

4. The entire copyright protection period of the work is determined as "the author's lifetime plus 50 years after his death".

In 1914, at the outbreak of the First World War, a second amendment to the Convention was made to retaliate against belligerent states for failing to protect or reducing the protection of their national works.

It is added that certain restrictions may be imposed on the protection of foreign authors who are not nationals of a member State and do not reside in their country, even if their work is first published in a Member State.

The second amendment of the Convention in 1928 added the following:

1. Protection of broadcast works began;

2. (ii) The inclusion of oral works within the scope protected by the Convention;

3. Declaring protection of the author's "moral rights";

4. The provisions of the Convention shall be applied retroactively.

In 1948, the Convention was amended for the third time with the following additions:

1. The norms of international law should be restricted by the domestic laws of member states.

2. (ii) The addition of works of practical art to the protection of the Convention;

3. (c) To extend the protection of collections of literary and artistic works (e.g. encyclopedias, repertoires of information);

4. Laws, government documents and their translations are "protectable";

5. The protection of broadcast works is further specified;

6. Further specification of "fair use" and other restrictions on copyright;

7. The "right of renewal" is listed as "protectable";

8. A further specific definition of "publication" is given (i.e., it must be disseminated in such a way that mass copies are produced and made available to the public);

9. The scope of application of "national treatment" has been further expanded;

10. Specific provisions are made on the calculation methods of the protection period of different works.

In 1967, the Fourth Conference to revise the Berne Convention was held in Stockholm. At that revision conference, a "Protocol on developing Countries" was adopted as an integral part of the Berne Convention. The protocol has not been recognized by developed countries because the works likely to be used by developing countries originate mainly from developed countries. And since the Stockholm text stipulated that the protocol would be binding only on those member states that recognised it, in practice the protocol would be of little use. When the Berne Convention was amended in 1971, the text invalidated the Stockholm Protocol in articles 29 bis and 34 (ii).

In 1971, the Berne Convention was revised for the fifth time. There is no change in principle in the substantive provisions of the revised Berne Convention, while its substantive provisions have already been ratified by the overwhelming majority of Member States.

4.     What is covered by ‘WCT’?

1, about the protection of the object. The object of copyright protection in WIPO copyright Treaty mainly includes two aspects: one is computer program; The second is data or database programming.

2. On rights. The WIPO Copyright Treaty adds a new right of communication to the public by authorizing the dissemination of their works to the public by wired or wireless means, including making their works available to members of the public at a place and time of their personal choice.

3. Obligations on technical measures. The WIPO Copyright Treaty requires parties to establish in law that circumvention (including cracking) of technical measures taken by the right to achieve copyright protection without the permission of the right owner or legal permission is an infringement.

4. Obligations regarding rights management information. According to the WIPO Copyright Treaty, it is an infringement to remove electronic information without the permission of the right holder. It is also an infringement to distribute, broadcast, or communicate to the public without permission works or copies of works that you know have been removed or altered without permission to manage electronic information. "Rights Management Information" includes the identification of the work, the author of the work, the information of the right owner, the conditions for the use of the work and the corresponding numbers or codes, etc. The treaty provides for the protection of technical measures and rights management information.

A trademark protects a good or service offered by a company from infringement or damage of reputation by another company. With a trademark, you have legal recourse to sue another company that uses your likeness to further their own business ventures. This includes both registered and unregistered trademarks. 

In short, a trademark is a word, a phrase, a symbol, a design, or a combination that helps consumers identifying a particular product. 

 

2.     Do you think the compound word "FRUMATO" would be a good trademark for a drink made from a mixture of fruit juice and tomato juice?

Yes, the word FRUMATO could be a good trademark because the customer can easily understand that the product is a mix of fruit and tomato. A good trademark is a trademark that is transparent and clear.

 

In East China, old liquor in Chongming, Shanghai, Xuyi lobster in Jiangsu and Longjing tea in Zhejiang are all geographical symbols of these areas.

 

2.     Select from the list below those geographical indications which can also be considered appellations of origin

a) Bordeaux wine

b) Athlete Cheese

c) Roquefort cheese

d) Champagne

e) Sheffield Steel

f) Made in Japan

 

I think the geographical indications that can also be regarded as names of origin in the list listed in the document are Bordeaux wine and Rockford cheese. Because geographical indication products refer to products produced in a specific region, whose quality, reputation or other characteristics essentially depend on the natural and human factors of the place of origin, and have been approved for naming with geographical names. Sheffield Steel is not the soft power of the country. Cheese and champagne are not unique to a certain region. Made in Japan can be said to be just a symbol. So they are not geographically marked products.