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知识产权.文化传统与民族创新/田德新

知识产权.文化传统与民族创新/田德新

作者:田德新
出版社:西北工业大学出版社出版时间:2018-10-01
开本: 其他 页数: 139
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知识产权.文化传统与民族创新/田德新 版权信息

  • ISBN:9787561263198
  • 条形码:9787561263198 ; 978-7-5612-6319-8
  • 装帧:一般胶版纸
  • 册数:暂无
  • 重量:暂无
  • 所属分类:>

知识产权.文化传统与民族创新/田德新 内容简介

本书基于作者获奖博士论文等整理而成。包括三个部分:主要阐述诸如创新与保护、合理使用及公共领域等知识产权的相关概念和知识产权保护在譬如美国等发达国家的发展历程;论证以美国为首的发达国家和以中国为例的发展中国家在知识产权的开发、应用和保护方面的激烈抗争与深层文化根源;并通过大量正反案例和实例揭示知识产权保护与国家和民族创新的复杂关系和通用模式。英语本科高年级和硕士、博士研究生及相关专家学者

知识产权.文化传统与民族创新/田德新 目录

Chapter One Intellectual Property Rights (IPR), Innovation and Communication
Chapter Two The Review of Literature
The Variants and Perspectives of the U.S. and Chinese Copyright Laws
The U.S. Hegemonic Pressure upon the Establishment of China's IPR Regime
The Chinese Strategic Responses under the U.S. Pressure
The Governments' Roles in the Digitalized Information Age
Chapter Three Theoretical Frameworks
IPR Protection and Innovation
Reasoned Action and Cultural Change
Hegemony Theory and Strategy and Tactics
Democratic Paradigm and Government's Roles in Shaping Technology Policies
Summary
Chapter Four Research Methods
Data Collection
Data Analysis
Summary
Chapter Five Copyright Protection and Innovation: Interpretations and Impacts
Interpretations of Copyright Protection and Innovation
A Stage-Oriented Strategy
Signs of Model Application
Chapter Six Perceptions of the U.S. Hegemonic Role
Definitions of Key Terms
Cultural Capital
Behavioral Intention and Behavioral Drivers
Subjective Norm and Behavioral Norm
Conclusion
Chapter Seven The U.S.-China IPR Disputes: Interpretations, Causes, and Solutions
The Historical and Cultural Approach
The Legal and Administrative Approach
The Developmental and Innovative Approach
Interpretations of the U.S.-China Copyright Piracy Disputes
Major Reasons for Copyright Piracy in China
Suggestions for Resolving the U.S.-China Copyright Disputes
Conclusion
Chapter Eight The U.S. Hegemonic Role in the Establishment of China's IPR Regime
Idea
Material Capabilities
Institutionalization
Conclusion
Chapter Nine China's Strategic Responses
Defining Strategy and Tactic
Evidence of Strategies and Tactics
Conclusion
Chapter Ten The Government's Roles in the Digital Information Age
Online Copyright Protection and Innovation
Online Copyright Protection and Innovation in China
U.S. Online Copyright Protection and Innovation Policy-making
The United States as an Exemplary OECD Member State
Support of the U.S. DOC's Efforts
Opposition to the U.S. DOC's Efforts
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知识产权.文化传统与民族创新/田德新 节选

  《知识产权:文化传统与民族创新(英文版)》:  According to United Nations Educational, Scientific and Cultural Orgaruzation (UNESCO) (2015), intellectual property (IP) refers to the creations of the mind, and IPR refers to the legal rights relating to products of human creativity and innovation, which broadly includes patents, trademarks, and copyrights. While patents mean the exclusive rights by a sovereign state to an inventor for a limited period of time in return for further public inventions, a trademark is a recognizable symbol, sign, expression, or design for identifying and differentiating products or services from different sources. In contrast, copyright is a kind of right that protects the expressions of some idea, but not the idea itself. Specifically, IPR covers a wide range of intellectual efforts such as:  literary, artistic and scientific works; performances of performing artists, phonograms, and broadcasts; inventions in all fields of buman endeavor; scientific discoveries; industrial designs; trademarks, service marks, and commercial names and designations; protection against unfair competition (UNESCO, 2015, p. 5).  The areas mentioned as literary, artistic and scientific works belong to the copyright branch of IP. The areas mentioned as performances of performing artists, phonograms and broadcasts are called "related rights," as they are related to copyright. The rest constitute the industrial properly branch ofIP. Like any other property that you can sell for profit, the creators ofIPR can also economically benefit out of their creations in accordance with the IPR legislations of different counffles.  IPR are believed to stimulate the economic growth of a country, so they are protected by laws. There are two main reasons for a country to establish laws to protect the IPR ofits citizens. One is to provide statutory expressions to the moral and economic rights of the creators in their creations and the rights of the public in access to those creations. The second is to promote, as a deliberate act of the government policy, creativity and the dissemination and application of its results and to encourage fair trading which would contribute to economic and social development. This is why the United Nations Economic Commission for Europe (2011) emphasized, IPR is "a key concem in the quest for growth, development and competitiveness. Advancement in knowledge broadly conceived is a key driver of economic prosperity in the twenty-first century" (p.1). This is why the Business and Industry Advisory Committee to the Organization of Economic Cooperation and Development (OECD) (2003) emphasized:  IP has become a significant factor in productivity and economic growth. Strong and effective lP protection is a particularly powerful incentive for firms to invest in generating new technology in sectors where the returns to technological investment are very long term, involve high risks and are easy to copy. IPR provide a further impetusto innovation in that they require an inventor who seeks time-limited protection to publish the knowledge embodied in a product or process...a market-based mechanism for disseminating knowledge and spurring competition (p. 1).  It is clear that there is a strong connection between effective IPR protection and the generation of new technology. In his seminal book An Inquiry into the Nature and Causes of the Wealth of Nations, Smith (1776) discussed the relationship between innovation and growth by saying that the improvements in machinery, however, have by no means been the inventions of those who had occasions to use the machines. Many improvements have been made by the ingenuity ofthe makers of the machines. Besides articulating the relationship between innovation and economic growth, Smith (1776) articulated the roles of technology transfer and stressed the roles of research and development (R&D) in economic growth and technological improvements.  As a "powerful incentive" , IPR protect the benefits of the creators or the owners of creations, ensure further creations and innovation, and institutionalize the "market-based mechanism" for knowledge dissemination. Echoing the above committee, Priest (2014) listed three critical functions of copyright, which is an important component ofIPR. First, copyright nurtures a professional class of creators and an ecosystem of support professionals, who are critical to the development and maintenance of a vibrant and creative economy. Second, copyright enables creators to invest in diverse revenue streams instead of harming the creative ecosystem by diminishing monetization opportunities for smaller and independent producers, distorting market signals, and exposing producers to the exploitation ofintermediaries. Finally, an effective copyright system catalyzes market-supported, creative industries. On the contrary, a high-piracy environment wombs risks to the long-term stability and growth of a country's creative industries and overall economic growth.  ……

知识产权.文化传统与民族创新/田德新 作者简介

  田德新,美国鲍林格林州立大学媒体与传播学博士(2008)、西安外国语大学英语语言文学硕士(1989)和英语语言文化学士(1983)。曾任中国驻纽约总领馆教育领事(1999-2003),2002年由二秘晋升为一秘,并被评为该年度优秀外交官。曾在美国两所大学任教(2009-2014)。现为扬州大学特聘教授,执教外国语学院(2014年至今)。主要研究方向为传播学,特别是与跨文化交际学有关的英语教学、教育管理、国际冲突,以及知识产权保护的文化阐释。2018年主持国家社科基金项目“文化博弈视域下大运河国际形象提升路径研究”,公开发表论文48篇,其中在《中国管理研究》《中国传播期》和《国际传播期刊》SSCI来源国际期刊发表论文6篇,在《世界汉语教学》《中国高等教育》和《外语教学》CSSCJ来源国内期刊发表论文7篇,同时在国内和美国主编或参编英语阅读、英语写作和跨文化交际学高校教材10余部。

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