INTELLECTUAL PROPERTY RIGHT – COPYRIGHT : GENERAL REVIEW

Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. In fact, it is a bundle of rights including, inter alia, rights of reproduction, communication to the public, adaptation and translation of the work. There could be slight variations in the composition of the rights depending on the work.

INTELLECTUAL PROPERTY RIGHT - TRADEMARK: GENERAL REVIEW

Abstract: An Act to amend and consolidate the law relating to trademarks, to provide for registration and better protection of trademarks for goods and services and for the prevention of the use of fraudulent marks. A trademark (popularly known as brand name) in layman's language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colours used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking.

Construction of nursing patent education in China based on the investigation of the requirements for nursing patent knowledge in postgraduates / 中华医学教育探索杂志

Objective To investigate the requirements for patent knowledge in postgraduate nursing students so as to provide a basis for nursing patent education.Methods Full-time nursing postgraduates from 60 colleges and universities were investigated by self-directed questionnaires and a total of 119 validated questionnaires were returned.The survey included:general information;learning requirements for nursing patent knowledge (learning content and forms,incentive system and learning platforms learning approaches).Five-point Likert scale below was used:1-Strongly disagree,2-Disagree,3-Neither agree nor disagree,4-Agree,5-Strongly agree.All statistical analyses were performed with IBM SPSS software (version 21.0).Quantitative data were expressed as mean ± standard deviation.Ordered categorical variables were compared between two groups and among above three groups with use of the Mann Whitney rank sum test and the Kruskal-Wallis test respectively.P＜0.05 was considered statistically significant.Results There was no significant difference in the effect of types of postgraduate (professional and academic) on the requirement for nursing patent knowledge in postgraduate (P＞0.05),while significant differences were observed in those of paper publishing,project participation and patent application (P＜0.05).Conclusion Nursing patent education can be well established only under the strong supports from the universities,faculties,supervisors as well as students,thereby developing the innovation of postgraduates.

The current situation of intellectual property right management department in public hospitals in Shanghai and the demand analysis of medical staff in medical translation / 中华医学科研管理杂志

Objective The basic feature of translational medicine is collaborative innovation by multiple disciplines.The essence of translational medicine is the management innovation.Public hospitals have the advantages of disciplines and talents,which is one of the main forces for translational medicine research.Study on the current situation of intellectual property right (IPR) management department in public hospitals and the demand analysis of medical staff in the medical translation will improve the management system of innovational medical technology and support the government policymaking.Methods Questionnaire survey was carried out in the part of Shanghai secondary and tertiary public hospitals.Results A total of 150 questionnaires were surveyed with a responding rate of 98％.Nearly 65 ％ of inventors do not know the basic situation of the administrative staff,which is in charge of the IPR management.The main work focuses on the patent application (accounting for 70.9％ of the responders).The medical staff want be supported in four areas including professional team(accounting for 62.5％ of the responders),special funds(accounting for 80.3％ of the responders),public research platform(accounting for 55.7％ of the responders) and talent policy(accounting for 43.6％ of the responders).Conclusions Full time management of IPR is proposed,active awareness of the administrative staff needs to be strengthened and government should support in these four areas.

Patentes e o direito à saúde: análise sobre as discussões de propriedade intelectual na Organização Mundial da Saúde, entre 2006 e 2016 / Patents and the right to health: an analysis of intellectual property discussions in the World Health Organization, between 2006 and 2016 / Patentes y el derecho a la salud: análisis sobre las discusiones de propiedad intelectual em la Organización Mundial de la Salud, entre 2006 y 2016

Objetivo ­ Analisar as discussões realizadas na OMS sobre propriedade intelectual e saúde pública, no período entre 2006 e 2016. Resultados ­ Houve destaque às funções sociais da propriedade intelectual, contudo, observado que países em desenvolvimento e menos desenvolvidos não são capazes de se beneficiar de uma maior proteção à propriedade intelectual, pelo que devem utilizar-se das flexibilidades presentes nas normas regulatórias, como o Acordo TRIPS e reafirmadas na Declaração de Doha. Considerações Finais ­ Observa-se que os debates sobre a propriedade intelectual, em especial acerca produtos farmacêuticos, vem cercada de controvérsias relacionadas ao acesso das populações aos medicamentos essenciais, à promoção da inovação e transferência de tecnologias dos países desenvolvidos aos países em desenvolvimento , Importa assinalar que no contexto brasileiro o reconhecimento de propriedade intelectual promoveu um aumento de custo dos produtos farmacêuticos, em virtude do monopólio, e torna-se um dos elementos de barreira ao acesso e à universalização do direito à saúde

Objective ­ To analyze the discussions held at WHO on intellectual property and public health, between 2006 and 2016. Results ­ The social functions of intellectual property were highlighted, however, observing that developing and less developed countries are not able to benefit from protection of intellectual property, so that the flexibilities in regulatory standards, such as the TRIPS Agreement and reaffirmed in the Doha Declaration, should be used. Final Considerations ­ Discussions on intellectual property, in particular on pharmaceuticals, are surrounded by controversies regarding the access of populations to essential medicines, the promotion of innovation and the transfer of technologies from developed to developing countries, It matters to point out that in the Brazilian context the recognition of intellectual property promoted an increase in the cost of pharmaceutical products, due to the monopoly, and becomes one of the barrier elements to the access and universalization of the right to health.

Objetivo ­ Analizar las discusiones realizadas en la OMS sobre propiedad intelectual y salud pública, en el período entre 2006 y 2016. Resultados ­ Hubo destaque a las funciones sociales de la propiedad intelectual, sin embargo, observó que los países en desarrollo y menos desarrollados no son capaces de beneficiarse una mayor protección a la propiedad intelectual, por lo que deben utilizarse las flexibilidades presentes en las normas regulatorias, como el Acuerdo ADPIC y reafirmadas en la Declaración de Doha. Consideraciones finales ­ Se observa que los debates sobre la propiedad intelectual, en particular sobre productos farmacéuticos, están rodeados de controversias relacionadas con el acceso de las poblaciones a los medicamentos esenciales, la promoción de la innovación y la transferencia de tecnologías de los países desarrollados a los países en desarrollo, señalar que en el contexto brasileño el reconocimiento de propiedad intelectual promovió un aumento de costo de los productos farmacéuticos, en virtud del monopolio, y se convierte en uno de los elementos de barrera al acceso ya la universalización del derecho a la salud.

Involvement of intellectual property rights in digitalization of ancient medical documents / 中华医学图书情报杂志

Digitalization of ancient medical documents has become an important platform for the development and protection of medical literature and digitalization of ancient medical documents based on ancient medical documents themselves will lead to a series of intellectual property rights. After the relationship between ancient medical docu-ments and protection of intellectual property rights was analyzed, the major intellectual property rights involved in current digitalization of ancient medical documents were pointed out with their solutions elaborated from the reasona-bleness, rationality, legality and normality.

Discussions on the ownership and property right structure of public hospitals in China based on new institutionalism / 中华医院管理杂志

Based on the framework of new institutionalism,the paper defined the concept and history of public hospital′s attributes,dividing such hospitals into those built based on poverty alleviation and those on social identity priority.Considering the attributes of the public goods provided by public hospitals,the diversity of their investment,and attributes of their value production process,this paper probed into their property right arrangement.It is emphasized that such hospitals should enhance their key property right feature of public ownership,and on such basis their relationship with government and corporate governance establishment can be discussed.

Intellectual Property Right of Transgenic Crops and Right to Work: Bioethical Challenges in Rural Communities.

Abstract: Increasing importance of intellectual property rights (IPR) over the area of seed production, is radically transforming agricultural production relations. One major effect of this transformation is the exclusive control of biotech companies on process of transaction of GM crops. This new status, that is the part of a trend that was set in national and international documents to protect inventors, may have adverse impact on the right to work of poor and vulnerable farmers in developing countries. In the framework of international human rights, the right to work is the fundamental right of every one to have sustainable access to decent work that meets the needs and welfare of his livelihood. Rural communities enjoy this right similar to the urban communities. But, the main question, which is our major concern, is the relationship between IPR and the right to work with attention to articles of International Covenant on Economic, Social and Cultural right and International Treaty on Plant Genetic Resources for Food and Agriculture.

Patents analysis-based scientific innovation ability in colleges and universities of traditional Chinese medicine / 中华医学图书情报杂志

Beijing University of Traditional Chinese Medicine, Shanghai University of Traditional Chinese Medi-cine, Guangzhou University of Traditional Chinese Medicine, Tianjin University of Traditional Chinese Medicine, Nanjing University of Traditional Chinese Medicine, and Chengdu University of Traditional Chinese Medicine served as the study object in this study.Their published patent data were recorded and analyzed in terms of the number and types of patent applications, the number of validated patents, and the distribution of patent technologies using the patent information service platform on China Intellectual Property Right Net in order to understand their scientific research level, innovative ability, and scientific research trends.Certain suggestions were put forward for the solu-tion of existing problems and for working out strategies for the protection of intellectual property right.

A comparative study of reform in the property rights of public hospitals and state-owned enterprises / 中华医院管理杂志

Objective To sum up experience and lessons in the reform of the property rights of state-owned enterprises and explore policies and measures appropriate for reform in the property rights of the medical and health system. Methods Such methods as retrospective analysis, literature search and two-level data collection were used to gather relevant information and then comparisons were made of the major differences in the reform of the property rights of public hospitals and state-owned enterprises with regard to external environment, internal structure, reform progress, and changes in property rights. Results Due to the unique features of the medical and health industry, reform in the property rights of public hospitals proved to be different from that of state-owned enterprises, with the former displaying specific characteristics in the mainstay of competition, development of the elements market, and rules and manners of competition, all of which must be handled carefully. Conclusion Improvement of the external environment of competition ought to be the focus of reform in the property rights of public hospitals.

Reflection on the adoption of a modern property right system and a modern hospital system / 中华医院管理杂志

The paper analyzes the new theory of “a modern property right system” put forward for the first time at the Third Plenary Session of the Sixteenth Central Committee of the CPC. It dwells on the opportunities and challenges facing state owned hospitals in establishing a modern hospital system. It is suggested that domestic hospitals should adopt a modern hospital system that fits in with the modern market economy and embodies modern property right features.

Practice of and experience in reforming the property right system of enterprise-owned hospitals / 中华医院管理杂志

The Workers' Hospital of Huangmian Group in our city, which succeeded in separating from the enterprise and becoming commercially oriented through reforming the property right system, has made some worthwhile attempts at transforming the property right system of enterprise-owned hospitals. The experience accumulated includes: commercialization of enterprise-owned hospitals through reforming the property right system is a must in adapting to the system of the socialist market economy and setting up the system of modern enterprises; it is also a must in the current reform of the health system; reform of the property right system of enterprise-owned hospitals gave strong impetus to the reform of operational mechanisms of personnel matters, distribution and management within the hospitals; appropriate policies are the key to ensuring the success of the reform; and hospitals with transformed ownership ought to maintain their original functions and continue to undertake such social tasks as medical treatment, prevention of diseases, healthcare and supervision of public hygiene.

Inspiration to hospital property right system reform from the legal person management structure of corporations / 中华医院管理杂志

The authors first expound the connotations and origin of the legal person management structure and then discuss the following issues: the dual relation of agency by agreement characteristic of medical institutions, the need to take management structure as the priority of hospital reform in delegating powers to lower levels, the primary strategies and major means of the legal person management structure of corporations, and questions related to the management structure of the medical industry abroad: who should become the agent of the patient, how to unify the interests of the agent and the consignor by means of reasonable remuneration designs, etc. Finally the authors give an account of the inspiration that can be drawn from the legal person management structure to the public hospital property right system reform in China.

Discussion of hospitals' reform of the property right system / 中华医院管理杂志

By analyzing the crisis of survival in 2 hospitals, the authors argue that reform of the hospital property right system may be a way out. However, in the process of the reform, hospitals may face some problems. One problem is how to ensure the steady transition and sustained development of a hospital if the whole of it is sold out to an enterprise run by the local people. Another problem is how to safeguard the status, salary and welfare of the staff. To ensure the success of the reform, the following measures need to be taken: ①strengthening leadership, seeking unity of thinking, and clarifying the guiding ideology; ②formulating rigorous and detailed plans so as to guarantee a steady transition; ③making proper arrangements for the placement of the staff after the change of the property right system so as to ensure the ideological stability of the staff.

Reform of the property right system in medical institutions / 中华医院管理杂志

Reform of the property right system in medical institutions is an important part of Chinas health reform. It is closely related to the reform of the health investment system, the operating mechanism of medical institutions, regional health planning, the structural readjustment of health services, and the health management system. For this reason, the paper offers an account of the motive, objective, major forms, place and functions of the reform of the property right system in medical institutions as well as some other issues worthy of attention.

Synopsis of research on excitation and restriction mechanisms for public hospital managers in the era of economic transformation / 中华医院管理杂志

Objective To explore effective excitation and restriction mechanisms for public hospital managers under market economy conditions and establish innovation mechanisms for hospital management posts. Methods On-the-spot surveys, literature reviews and discussions were conducted to collect data, which were then analyzed using such statistical methods as description and principal component analysis. Results Investigations into existing excitation and restriction methods and purposes for public hospital managers led to the discovery of some problems in the current mechanisms and suggestions were put forward for establishing on the basis of reform in the property right system new distribution mechanisms, competition mechanisms for appointing hospital managers, and innovation mechanisms for adopting human capital management with regard to hospital management posts. It was also suggested that restriction of hospital managers' powers by rules and health policies be reinforced. Conclusion It is proposed that excitation and restriction mechanisms that fit in with market economy conditions be established.

Discussion of reform in the property right system of urban public medical institutions / 中华医院管理杂志

Due to historical reasons, public medical institutions are legion in medical resources-intensive big and medium-sized cities. With the deepening of reform in urban medical and health systems and social undertakings and the transformation of government functions in public health management, the disadvantages of having an excessive number of public medical institutions have become increasingly evident, for it can lead to heavy financial burdens for the government and insufficient medical market competition and vitality. The paper discusses reform in the property right system of public medical institutions in resources-intensive cities from three aspeets, viz. the necessity of reform the major problems to be dealt with, and the basic framework of the reform. It also gives a detailed account of the position and role of the government in this reform.