GIPRs:Copyright Policy and Statement
(Last updated: February 2, 2009)
[GIPRs Copyright Policy and Statement hereinafter are only for your reference and the Chinese version shall prevail. see "Chinese Version".]
1. Works and Copyright
1.1 The Copyright of the Works Belongs to the Author
As a professional website, your real name is advised to be user name of registration. To avoid misunderstanding, the authenticated user as the submitter shall be regarded as the author of the works if he/she fails to indicate the authors' name when posting the works on the Website. It must be the author himself/herself as the authenticated user who posts the works or contributes to the Website. To avoid disputes, GIPRs does not accept the works which are not contributed by the author himself/herself, no matter whether the author’s name and the source of origin are indicated, except the works in the public domain. To the works of joint authorship, the authenticated user, any one of the co-authors, may submit such works on behalf of the co-authors with the consent of them all, but all the authors of the jointly created works shall be indicated.
1.2 Official Texts
"Official Texts" refers to official texts of a legislative, administrative and legal nature and official translations of various countries, districts and international organizations. Copyright of official texts can be classified into two types: (i) Laws explicitly stipulate that official texts are not governed by copyright law. Such texts belong to works in the public domain. (ii) Laws explicitly stipulate that official texts enjoy copyright. Laws and regulations of the countries, districts or international organizations of the official texts shall prevail on the copyright of such texts.
1.3 Works in the Public Domain
Official Texts which are out of the protection of copyright law; and the works of which the duration of protection has expired are the works in the public domain. The authenticated user shall indicate the source when posting the works in the public domain on the Website and also the name of the author if any.
1.4 The Reprinting of the Works Belong to the Third Party by GIPRs When GIPRs reprinting the third party's works (hereinafter referred to as the "reprinted works") for the sake of cooperation, the source statements of the works shall prevail.
(a) GIPRs advocates open source and share. We hope the authenticated users of GIPRs (hereinafter referred to as the "Authenticated Users") adopt the license "Signature-Noncommercial-Share Alike" (hereinafter referred to as "BY-NC-SA") initiated by the organization of Common Creative to post creative works on the Website through which the recognition of worldwide intellectual property legal system can be improved and the process of global intellectual property rights protection can be promoted. All the Authenticated Users and Website users who accept the license of "BY-NC-SA" shall be subject to all the following clauses:
(i) the general introduction of "BY-NC-SA": http://creativecommons.org/licenses/by-nc-sa/2.5/cn/
(ii) the legal text of "BY-NC-SA" (the full text of the license): http://creativecommons.org/licenses/by-nc-sa/2.5/cn/legalcode
(b) GIPRs hopes that authenticated users and Website users accept and comply with "BY-NC-SA" and meanwhile respects their rights of free choice:
(i) If the authenticated users do not accept "BY-NC-SA", please indicate that "All Rights Reserved" when posting the work. To avoid misunderstanding, all works absent of such statement are regarded that the authors accept "BY-NC-SA";
(ii) "BY-NC-SA" is unbinding to Website users if they do not accept it, i.e. all the rights of the works on the Website are reserved to the Website users who do not accept "BY-NC-SA", except the rights of the works in the public domain.
2.2 All Rights Reserved Works
(i) "BY-NC-SA" shall not be applied if the author indicates that "All Rights Reserved" to the works and any individual, enterprise or organization shall not reprint such works without the permission of the author. GIPRs undertakes not to authorize any third party to reprint them.
2.3 The Reprinted Works From the Third Party
Reprinted works from the third party are not originated by users of the Website for which "BY-NC-SA" shall not be adopted. The source statement of the works shall prevail concerning their license mode. Note: "Memo on Official Texts of a Legislative, Administrative and Legal Nature and Official Translations " (hereinafter referred to as "Memo")of the Website shall prevail on license mode of Official Texts. Moreover, the Momo are additional clauses and an integral part of the Copyright Policy and Statement.
2.4 Authorized License From Author
With no particular statement, the author's submitting of the works shall be regarded as the authorization for the Website's taking actions against copyright piracy if necessary and for reprinting the works with no remuneration by the cooperative websites approved by GIPRs (the links of such cooperative websites are indicated in "Co-Websites" on the Website).If the author is unwilling to grant the Website such rights thereof, please indicate "All Rights Reserved" when posting the works or contributing to the Website.
(i) the name of the original author (or pseudonym)
(ii) indicate souce:Global IPRs Research Center or GIPRs，
(iii) indication of the mark or literal specification of "BY-NC-SA" and show clearly the licensing clauses of the works (If it is reprinted on the internet, corresponding licensing files should be linked).
Note: Reprinted works from the third party shall not be reprinted by any individual, enterprise or other organization, unless regulated by relevant laws or agreed by the source statement of works.
If you are willing to translate the works on the Website, you shall observe the Copyright Policy and Statement. You should get prior permission from the copyright owner of the works before translating the works reprinted by GIPRs from the third party and the works indicated "All Rights Reserved". The "Translate" on the page of the text (under the title of the work) is a button automatically created by "DRUPAL", a software we use. Unless the name of translator is indicated, the button of "Translate" does not represent that the official translations of some laws, regulations, resolution, decision and orders of government organs, other documents of a legislative, administrative and judicial nature are the works of the authenticated users who submit such translation.(Note: to avoid ambiguous understanding, the authenticated users shall indicate their names and preserve the source of the original works when translating such judicial or official files.)
3. The Settlement of Copyright Disputes
3.1 Notice for Infringement
In case you think your copyright of the works or intellectual property rights are infringed, you need to submit written notice to GIPRs and the notice shall include the following contents:
(i) author's name, contact information, address, telephone number and E-mail address;
(ii) the infringing works' name required to be deleted or the web address required to be cut off;
(iii) the preliminary evidentiary materials on infringement.
The right owner shall be responsible for the authenticity of the notice.
3.2 Written Statement
After the author of the disputable work receives the notice transferred by GIPRs, the author may submit the written statement to us and ask for recovery of the deleted work or resuming the separated link if the author think the work does not infringe others' rights. The written statement shall include the following contents:
(i) the author's name, contact information, address, telephone number and E-mail address;
(ii) the name and web address of the work claimed to be recovered;
(iii) the preliminary evidentiary materials on non-infringement.
The author of the disputable work shall be responsible to the authenticity of the written statement.
3.3 Information for Contact of GIPRs
Notice of infringement or statement shall be mailed to the address and the contact person hereinafter:
Shanghai Runhe Law Firm
21F Shen Hang Mansion, No.198 North Zhong Shan Road,
Shanghai, China, 200071
Tel: +8621-56903890 (Ext.8015)
Fax: +8621-60911211 (Ext.5201)
E-mail: " Contact Page "
Noted: Before you send out a notice of infringement or a statement, you shall be full aware of the entire legal liability of making false accusation upon which you should ensure the said materials provided are all legitimate and correct and you are the owner of copyright or intellectual property rights or the agent legally authorized by the owner. If your accusation of infringement to your copyright is severely inaccurate, you shall bear the resulting damages (including but not limited to the lawyer fees and other reasonable expenses of the accused and us for solving the dispute). Therefore, if you are not sure whether such online materials infringe your rights, please consult a lawyer in advance.
3.4 Measures We Take
(i) After GIPRs receives notice of infringement from copyright owner, we will delete the suspected infringing works or separate the link with such works and meanwhile deliver the notice to the author who posted the works. The contents of the notice shall be posted on GIPRs if there is no author's web address or no access to delivery.
(ii) After GIPRs receives the written statement from the author (the authenticated user) and the reasons of the authenticated user are tenable, GIPRs will immediately recover the deleted work or resume the separated link and transfer the author's written statement to the right owner. The right owner shall not notify GIPRs to delete the work or separate the link again. If the dispute on copyright still can not be solved, we suggest the right owner settle the dispute through litigation with the author of the disputable work and we will work in conjunction with the Court to carry out the effective judgment.
(iii) After GIPRs receives the written statement from the author (the authenticated user) and deems that the disputable work may arise copyright infringements, the recovery of the deleted work or resumption of the separated link will be postponed until the copyright disputes on the works are solved. In the meantime, we will provide the authenticated user with legal support and help depending on the circumstances to safeguard the user's legal interests.
4.1 The authenticated users of GIPRs represent and warrant that they won't submit information violating laws, regulations or social morality or those would be regarded as insulting, evil, harlot or other information regarded as unhealthy when submitting the works on the Website and won't infringe others' copyright. The Website is entitled to delete such information at any time with no prior consent of the submitter and with no obligation of notifying the submitter afterwards. The Website reserves the right of taking corresponding legal actions.
4.2 GIPRs provides the spaces of posting and saving works for the authenticated users. Through sharing information and resources, the understanding of worldwide intellectual property legal system will be improved and the process of intellectual property rights will be promoted. After registration, the author can post the works on the Website freely. We are unable to monitor the possible plagiarism and cribbing. Therefore, we are irresponsible for the infringement actions of this kind on our Website by others. All the liability of infringement shall be borne by the plagiarist and cribber. If the copyright owner sends out a warning with authentic evidences, the Website has the liability of removing the infringing contents accused. The copyright owner otherwise fails to show the verification of identity, the ownership certificate of copyright and the proof for infringement, which shall be regarded as absence of warning. The authors who submit works on the Website shall be responsible for copyrights of the works and make consent to the relevant measures we take to the circumstances mentioned above. The Website does not bear legal liabilities to the authors for taking such measures including not responsible for the damages to the authors resulting from the failure of accusation of infringement.
If you have any questions about the Copyright Policy and Statement, you can contact us according to the information provided by Article 3.3 "Information for Contact of GIPRs".