MindMap Gallery Chapter 37 Other Legal Systems (Notes from Basic Economic Knowledge for Intermediate Economists)
The content comes from the official textbook for intermediate economists (2024). I spent two months organizing my notes and straightening out the logical relationships (mainly referring to the courses of teachers Wu Xiaotang and Liu Yanxia). I spent a week reviewing before the exam. , I didn’t study the set of questions because I really didn’t have enough time. I just learned based on my own study habits. More than 90% of the questions I encountered on the day of the exam were notes I had already taken, and I did not encounter any so-called "biased" questions. After all, I had read the entire textbook. The only problem is that I don’t have enough time, so I didn’t remember some of the multiple choices. It is recommended that students preparing for the exam can directly use this template as a basis and make appropriate adjustments based on the content of next year's new textbooks. Generally speaking, the content of the new textbooks will not change too much, because this is basic knowledge, and the changes are usually new regulations. , new political concepts. If conditions permit, it is recommended to cut the notes into several parts in A4 size and print them on one side so that they can be easily read. At the same time, make casual notes on the unprinted area on the other side. By the Way, all the notes did not draw curve graphs. I am not very good at using a computer to draw curve graphs. I printed them out and drew them manually.
Edited at 2024-11-28 16:22:06Questo è il capitolo 5 del libro dell'insegnante Zhao Zhou "Questo è abbastanza da leggere", che parla principalmente di questi aspetti: ① L'importanza dell'abilità di apprendimento ② Come aggiungere contesto alle informazioni ③ Come distinguere la conoscenza e le informazioni Non mi affretta a mettere in discussione e sfidare ⑤Come usare note appiccicose per aggiornare la capacità di apprendimento ⑥ Perché inseguire i "merci secche" uno pseudo-apprendimento?
Per aiutare tutti a usare DeepSeek in modo più efficiente, è stata compilata una raccolta di Map Mind Mind Guide DeepSeek! Questa mappa mentale riassume il contenuto principale: collegamenti correlati a Yitu, analisi del profilo DS, confronto tra rotte tecnologiche DeepSeek e Chatgpt, Guida di distribuzione del modello DeepSeek e Qwen, come fare più soldi con DeepSeek, come giocare a DeepSeek, DeepSeek Scientific Research Application Aspetta, permettendoti di cogliere rapidamente l'essenza dell'interazione AI. Che si tratti di creazione di contenuti, pianificazione del piano, generazione di codice o miglioramento dell'apprendimento, DeepSeek può aiutarti a ottenere il doppio del risultato con metà dello sforzo!
Questa è una mappa mentale sulle 30 istruzioni a livello di alimentazione di DeepSeek.
Questo è il capitolo 5 del libro dell'insegnante Zhao Zhou "Questo è abbastanza da leggere", che parla principalmente di questi aspetti: ① L'importanza dell'abilità di apprendimento ② Come aggiungere contesto alle informazioni ③ Come distinguere la conoscenza e le informazioni Non mi affretta a mettere in discussione e sfidare ⑤Come usare note appiccicose per aggiornare la capacità di apprendimento ⑥ Perché inseguire i "merci secche" uno pseudo-apprendimento?
Per aiutare tutti a usare DeepSeek in modo più efficiente, è stata compilata una raccolta di Map Mind Mind Guide DeepSeek! Questa mappa mentale riassume il contenuto principale: collegamenti correlati a Yitu, analisi del profilo DS, confronto tra rotte tecnologiche DeepSeek e Chatgpt, Guida di distribuzione del modello DeepSeek e Qwen, come fare più soldi con DeepSeek, come giocare a DeepSeek, DeepSeek Scientific Research Application Aspetta, permettendoti di cogliere rapidamente l'essenza dell'interazione AI. Che si tratti di creazione di contenuti, pianificazione del piano, generazione di codice o miglioramento dell'apprendimento, DeepSeek può aiutarti a ottenere il doppio del risultato con metà dello sforzo!
Questa è una mappa mentale sulle 30 istruzioni a livello di alimentazione di DeepSeek.
Chapter 37 other legal systems
industrial property legal system
several concepts
Industrial property copyright = intellectual property
In my country, industrial property rights mainly refer to patent rights and exclusive rights to trademarks.
Characteristics of industrial property
①Exclusiveness
Exclusive rights to use, benefit from and dispose of patents and trademarks
②Regionality
Valid domestically, invalid abroad
③Temporality
Has a certain protection period
patent
1.Subject
Units or individuals applying in accordance with the law
①Inventor, designer
It can only be a natural person! Cannot be a unit, collective or research group
②Patent applicant, patentee
③Service invention
Refers to inventions and creations completed by performing the tasks of the unit or mainly utilizing the material and technical conditions of the unit, including: (1) For your own job; (2) Work other than the job assigned by the unit; (3) Retirement or transfer within 1 year, related to work in the original unit
The subject is a unit, not an individual!
④Cooperative invention and entrusted invention
A unit or individual that completes or jointly completes
⑤Co-invention and co-design
A unit or individual that completes or jointly completes
⑥Assignee
A person who acquires patent rights by contract or inheritance
⑦Foreigners
Foreigners can become patentees by applying in accordance with the law.
2.Object
refers to the object of protection of patent rights
invention
product invention
method invention
Utility model
Propose new technical solutions suitable for practical use
Common features: Novelty, creativity, practicality
Appearance design
For the purpose of visual beauty, not pursuing practical functions
3. Conditions for not granting patent rights
①Scientific discovery
②Rules and methods of intellectual activities
③Diagnosis and treatment methods of diseases
④Animal and plant species
Note: The production methods of animal and plant varieties can be patented!
⑤Nuclear transformation method and substances obtained by nuclear transformation method
⑥The design of the pattern, color or combination of the two on a flat printed matter, which mainly serves the purpose of marking
Tip: They are all things that benefit the progress and development of the entire society.
4.Content
①Patentee’s rights
Patent personal rights: enjoy the right of signature
Patent property rights: obtaining material benefits
②Patentee’s obligations
(1) Starting from the first year of being awarded, annual fees must be paid
(2) If the patent right belongs to the unit, the inventor or designer of the service invention shall be rewarded and those who obtain economic benefits shall be remunerated.
③Patent content
Exclusive rights, implementation license, transfer, waiver, etc.
④Patent rights restrictions
It is clear that your rights can be used by others, but it does not constitute infringement. The circumstances include:
(1) Not considered as infringement of patent rights
①Patented products have been sold; ②Already in use before you apply for a patent; ③Patents involved in international reciprocity; ④ Used for scientific research; ⑤ To provide information required for administrative review and approval
(2) Compulsory license
① Reasonable conditions: It has been 4 years since it was proposed or 3 years after it was granted, and it has not been used yet
② Restrictions on monopoly: The use of patents is regarded as a monopoly behavior
③Emergency or public welfare purposes:
④ Patent-dependent: Your patent is of great significance to society, but the invention requires the use of the previous patent. At this time, the state makes the decision for you and can force the use of the previous patent.
(3) Planning permission
Invention patents of state-owned enterprises and institutions [omitted]
5.Protect
the term
invention
20 years
Utility model
10 years
Appearance design
15 years
All calculations start from the date of application.
termination
Normal termination
expiry
early termination
Failure to pay annual fees as required or the patentee declares in writing that it has given up its patent rights
infringement
[Just use normal values to judge]
Tort Liability
Form of liability: stop infringement, compensate for losses, eliminate impact
Amount of compensation: ① Actual losses; ② Profit gained; ② Reasonable determination with reference to the multiple of the license fee
If the circumstances are serious, compensation will be 1 to 5 times the above amount.
It’s really hard to confirm. The court awarded 3 to 5 million yuan.
Pay attention to the order in which the amounts are determined
statute of limitations
3 years
Trademark rights
1.Trademark classification
①Registered trademark; ②Unregistered trademark (can be used, but does not enjoy exclusive rights to the trademark)
①Commodity trademark; ②Service trademark
① Flat trademark; ② Three-dimensional trademark; ③ Sound trademark (non-traditional trademark)
① Collective trademark; ② Certification trademark
2. The Trademark Law adopts a combination of voluntary registration and compulsory registration, with voluntary registration as the main system.
3. Production must be registered: cigarettes, cigars, packaged tobacco
4. Negative conditions for trademark registration (Registration not allowed)
Can be used, but cannot be registered
Three only and one missing
①Only the common name, graphics and model of the product
② Only directly express the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods
③Other signs that lack distinctive features
④ If you apply for a registered trademark with a three-dimensional mark, the shape is only caused by the nature of the product itself.
5. Situations prohibited from being used as trademarks
Cannot be used, cannot be registered
Illegal and against national justice!
6. Registered trademarks must not infringe the prior rights or legitimate rights and interests of others.
7. First to apply principle
①Whoever applies first will register; ②Whoever applies on the same day will use it first and register.
8.Priority principle
① If registered abroad, priority will be given to domestic registration within 6 months; ② If displayed at an international expo, priority will be given to registration within 6 months.
9. Application process
①The Trademark Office will complete the review within 9 months
② Issue a preliminary approval announcement, and raise any objections within 3 months (the Trademark Office will investigate and verify within 12 months)
③After the announcement period expires and there is no objection, the certificate will be issued
10. Contents of trademark rights
Exclusive rights, transfer rights, licensing rights
Right of renewal
Valid for 10 years (calculated from the date of registration approval)
Can be renewed for 10 years each time
Note: Renewal within 12 months before expiration, the grace period is 6 months
11. Protection of trademark rights
Negotiate the solution first. If negotiation fails, go to the court or market supervision.
①Fine
If the illegal business volume exceeds 50,000 yuan → a fine of less than 5 times the illegal business volume
If the illegal business volume is less than 50,000 yuan → a fine of less than 250,000 yuan
②Compensation
① Actual losses; ② Profit gained; ③ Reasonable determination with reference to the multiple of the license fee
If the circumstances are serious, compensation will be 1 to 5 times the above amount.
It is really difficult to determine. The court sentenced less than 5 million yuan.
Pay attention to the order in which the amounts are determined
Labor contract legal system
labor contract enter into
1. Labor contract content
Necessary terms
Choose with common sense, and pay attention to "labor protection," "occupational hazard protection" and "social insurance" as necessary terms.
optional clauses
Terms related to probation period, training, confidentiality agreement, supplementary insurance, welfare benefits, etc.
non-compete clause
The contract stipulates that the employer's business secrets and confidentiality matters related to intellectual property rights shall be kept confidential.
Who does it apply to? Executives, senior technicians, confidentiality officers
Non-compete period: 2 years
After resigning, you can receive monthly financial compensation during the non-competition period.
Violation of non-competition clauses will result in liquidated damages
trial period
Not less than the minimum wage standard or 80% of the contract wage
time
Contract period 3 months to 1 year
No more than 1 month
Contract period 1 to 3 years
No more than 2 months
Contract period of more than 3 years
No more than 6 months
The same unit and the same employee can only agree on one probation period
If the time limit is to complete the work tasks or the contract period is less than 3 months, the probation period shall not be agreed upon
2. Labor contract invalid
①Fraud and coercion
②The employer exempts itself from legal responsibilities and excludes workers’ rights
③Those who violate laws and regulations
labor contract Lift
Negotiate to terminate
If proposed by the employer, the employee needs to be paid economic compensation
Unilateral termination by the employer
1. Employee’s fault
Failure during the probation period, violation of regulations, or major impact on the unit
2. The worker is not at fault
If the employee is unable to continue to perform the contract, the employer can terminate the contract after giving 30 days' written notice or paying one month's salary.
① Illness or non-work-related injury, medical treatment expires, still unable to go to work
② Incompetent and still incompetent after training [Note: Not in probation period]
③The objective situation changes and the contract needs to be modified, but negotiation fails
3. Economic layoffs
If more than 10% of the workforce is to be laid off or more than 20 employees are to be laid off, the employer must explain the situation to the trade union or all employees 30 days in advance and report to the labor department.
Situation: corporate bankruptcy, operating difficulties, corporate reform, and major adjustments, etc.
Give priority to stay
① Signing a long-term contract or a contract with no fixed term
② There is no other employed person in the family, and there are elders and younger ones.
Recruitment
Prioritize hiring of laid-off personnel
4. The contract shall not be terminated
Unless the worker is at fault!
①Related to occupational diseases
②Related to work-related injuries
judge by values
③Related to pregnancy of female employees
④Those who have worked continuously in this unit for 15 years and are less than 5 years away from retirement
Unilateral termination by the employee
Notice lifted
Notify the employer in writing 30 days in advance
During the probation period, the employer must be notified 3 days in advance.
Instant release
If the worker's life is threatened, there is no need to notify the employer in advance
labor contract termination
The validity of the labor contract is extinguished
Situations include: ① expiration of the contract; ② starting to enjoy pension; ③ death; ④ enterprise bankruptcy; ⑤ enterprise being revoked, closed, canceled or dissolved
Consumer rights protection legal system
concept
1. Judgment based on common sense and values
2. When farmers purchase and use production materials directly used in agricultural production, they shall refer to this law.
consumer rights
① Full safety and security; ② The right to know the truth; ③ Independent selector; ④ The right to fair trade; ⑤ The right to claim compensation according to law; ⑥ The right to associate according to law; ⑦ The right to seek advice and information; ⑧ The right to maintain dignity; ⑨ The right to personal information; ⑩ The right to supervise and criticize
Operator’s obligations
Perform obligations in accordance with the law and contract, accept supervision, safety guarantee, recall, provide true information, indicate true name and mark, issue certificates or documents, not infringe on consumers' personal rights, information description, etc.
Quality assurance obligations
[Note] If consumers find defects within six months of motor vehicles, computers, televisions, refrigerators, air conditioners, washing machines and other durable goods or services such as decoration and decoration, the operator must provide evidence if a dispute arises.
Obligations to fulfill "three guarantees" and other responsibilities
Return within 7 days
No-reason return obligation
Seven-day no-questions-asked return is not applicable to customized, fresh and perishable items, online downloads, unpacked audio-visual products, digital goods, newspapers and periodicals, etc.
Fair use clause
Reasonable: content that reminds consumers in a conspicuous manner of significant interests
Unreasonable: Exclude or limit consumers’ rights and reduce operators’ responsibilities through format clauses, notices, store notices, etc. [For example: restaurants are prohibited from bringing their own drinks, and annual passes are not refunded in advance, etc.]
Personal information protection obligations
[Note] Commercial information shall not be sent to consumers without their consent or their explicit refusal.
Consumer dispute resolution
① Negotiate; ② Find a consumer association for mediation; ③ Complain to the relevant administrative department; ④ Arbitrate by an arbitration institution; ⑤ File a lawsuit in court
Complain to the administrative department
Respond to consumers within 7 working days
For behaviors that infringe upon the legitimate rights and interests of many consumers, the China Consumers Association and consumer associations at provincial or above levels can file lawsuits in court.
antitrust legal system
Highest testability
1. Scope of application of antitrust law
① Domestic monopoly behavior
② Overseas monopoly behavior has an impact on domestic market competition that excludes or restricts competition.
③Operators reach a monopoly agreement
④Operators abuse their dominant market position
⑤Concentration of business operators that has or may have the effect of eliminating or restricting competition
⑥ Abusing administrative power to eliminate or restrict competition
All four are monopolistic behaviors
2. Situations in which antitrust laws do not apply
①Fair use of intellectual property rights
②Joint or collaborative behavior in agricultural production
3. Antitrust agencies
①Anti-Monopoly Committee
②Antitrust law enforcement agencies
Ministry of Commerce, National Development and Reform Commission, State Administration for Industry and Commerce
Can authorize corresponding agencies of governments at or above the provincial level to enforce debt antitrust laws
4. Investigation measures of antitrust agencies
① Enter the site for investigation; ② Inquire about relevant information; ③ Copy and review information; ④ Seal and seize evidence; ⑤ Inquire about bank accounts
[Note: Bank accounts cannot be debited! 】
5. Monopolistic behavior
①Monopoly agreement
Safe Harbor Rules for Vertical Monopoly Agreements
If it can be proven that the market share is lower than the standards of the Anti-Monopoly Law and meets other conditions of the Anti-Monopoly Law Enforcement Agency, it will not be prohibited.
Hub-and-spoke protocol prohibits
Operators are not allowed to organize other operators to reach monopoly agreements and provide substantial assistance.
Monopoly agreement liability exemption
All the right reasons!
②Operators abuse their dominant market position
Recognition method
Various factors including market share
Presumption method (share)
One operator→1/2
Two operators→2/3
Three operators→3/4
Individually less than 1/10, Not recognized as dominant position
abusive behavior
① Selling at an unfairly high price
②No valid reasonXXXX
③Concentration of business operators that has or may have the effect of eliminating or restricting competition
concentration situation
①Merger of operators
②Holding to gain control
③ Obtain control rights through contracts
Must declare
New!
If a company wants to merge and meets the following conditions, it must declare
①The total global turnover of all enterprises exceeds 12 billion yuan, and at least two Chinese sales exceed 800 million yuan
②The total turnover of all enterprises in China exceeds 4 billion yuan, And at least two Chinese companies have a turnover of more than 800 million yuan.
At least two 800 million, a global total of 12 billion or a domestic total of 4 billion
No need to declare
One company already owns more than 50% of the voting shares of another company
prohibited
The concentration of business operators has or may have the effect of eliminating or restricting competition.
Can't help it
Operators can prove that the benefits of concentration outweigh the disadvantages
While that's not prohibited, restrictions can be added: ① Structural conditions such as divestment of tangible assets, intellectual property and other intangible assets or related equity; ② Open its network or platform and other infrastructure, license key technologies, terminate exclusive agreements and other behavioral conditions ③ Comprehensive conditions combining structural conditions and behavioral conditions
Tip: When you see stripping, select the structure. Everything else is behavior.
④ Abusing administrative power to eliminate or restrict competition
Who can implement it?
Administrative agencies, organizations with the function of managing public affairs
Anti-unfair competition legal system
1. Types of unfair competition
①Confusing behavior
Counterfeit
②Commercial bribery
Persons prohibited from bribery include: staff of the transaction counterparty, persons entrusted by the transaction counterparty, and persons who have influence on the transaction [Tip: related to the transaction]
③False propaganda
④ Infringement of trade secrets
Note: Trade secrets obtained through self-development or reverse engineering are not considered infringement of trade secrets [such as trade secrets discovered by disassembling the machine by oneself]
⑤Unfair sales with prizes
The prize sales information is unclear, the prize is determined to be the winner, and the prize exceeds 50,000
⑥ Acts that defame goodwill
⑦Using the Internet to engage in unfair competition
2. Enforcement against unfair competition
① Entering the site for inspection; ② Inquiring about the situation; ③ Inquiring about copied information; ④ Seizing and seizing; ⑤ Inquiring about bank accounts
④⑤ It needs to be reported in writing by the main person in charge of the supervision and inspection department at or above the districted city level and approved.
Product quality legal system
1. The products here refer to products that have been processed and produced for sale, excluding naturally existing or naturally growing items and construction projects. [But construction and construction materials belong to]
2. Main content
①Enterprise quality system certification system
Implemented in accordance with internationally accepted quality management standards, companies apply on a voluntary basis
②Product quality certification system
International advanced product standards and technical requirements, voluntary principle
③Product quality spot check system
Those that may endanger health and safety, affect the national economy and people's livelihood, and organize to report quality problems
random sampling
Market regulatory authorities at or above the county level
If the superior conducts random inspections, the subordinates shall not repeat the spot inspections.
④ Product quality status information release system
Tip: 1 company, 3 products
3. Naked products do not need to be attached with product logos
4. Product liability
Refers to the civil liability of producers, sellers or entities directly responsible for products for losses caused by defective products.
strict liability of producers
As long as the product is defective and causes losses to others, the manufacturer will be held responsible.
Disclaimer: ① The product is not in circulation; ② The product is in circulation but has no defects; ③ The defect cannot be found technically
Seller’s fault liability
If the seller's fault causes losses, he shall be held liable. Except for those who can prove no fault.
If the seller cannot specify the manufacturer or supplier, the seller shall bear the responsibility.
Object of claim
Consumers can claim compensation from producers or sellers
Producers and sellers may seek compensation from the other party or a third party based on actual circumstances.
statute of limitations
3 years
5. Product quality responsibility
It refers to the collective term for the civil, administrative and criminal responsibilities that entities with product obligations, government regulatory departments and relevant social organizations should bear if they violate the provisions of the Product Quality Law.
6. The extension of product responsibility is smaller than product quality responsibility, that is, the scope of product quality responsibility is wider