求信息政策方面的外文文献，要求提供全文，pdf或word格式，每篇文献必须以下面的一个或以上的法案为论点，每个法案需要一篇或以上文献，注意不要法案本文而要论文。



美国的信息政策(14篇)，要求英文
1、信息自由法(Freedom of Information Act，FOIA)
2、电子通信隐私法(Electronic Communications Privacy Act of 1986，ECPA)
3、爱国者法(USA PATRIOT Act)
4、国家信息基础设施(National Information Infrastructure，NII)
5、全球信息基础设施(Global Information Infrastructure，GII)
6、电信法(Telecommunications Act of 1996)
7、信息技术协议(Information Technology Agreement)
8、专利法(Patent Act)
9、版权法(Copyright Act)
10、与贸易有关的知识产权协议(Agreement on Trade-Related Aspects of Intellectual Property Rights，TRIPS)
11、拜杜法案(Bayh-Dole Act)
12、A-130号通告:政府信息资源管理(Circular No. A-130: Management of Federal Information Resources)
13、计算机安全法(Computer security act of 1987)
14、信息时代的关键基础设施保护行政令(Critical Infrastructure Protection in the Information Age)



日本的信息政策(15篇)，英文／日文不限
1、电子工业振兴临时措施法
2、特定电子工业及特定机械工业振兴临时措施法
3、特定机械信息产业振兴临时措施法
4、NTT法
5、KDD法
6、公共电气通信法
7、信息处理促进法
8、电气通信事业法
9、电气通信事业关联调整法
10、日本信息通信基础建设基本方针
11、信息通信政策大纲
12、IT基本法
13、e-Japan 战略
14、e-Japan 战略Ⅱ
15、u-Japan 战略

China's Patent Law was enacted in 1984, made amendments to 1992. However, at present, on the issue of weak patent protection in China is quite prominent in our country has authorized the infringement of the patent in the proportion of very high, plus a lot of practice, due to the patentee or the executive to deal with lack of confidence in the judicial protection, allowing perpetrators infringement, to a certain extent also contributed to the infringement arrogance. Therefore, the strengthening of patent protection for patent, amendments to the Patent Law is once again an important principle. In my opinion, the patent law and its implementation details in the following three areas need to be further to amend and improve.

First, patent infringement and legal sanctions

1, a clear definition of patent infringement

Strengthen patent protection, we must first clear definition of patent infringement. In accordance with section 60 of the Patent Law, patent infringement is "patent without permission, the implementation of its proprietary" behavior, combined with Article 11 of the Patent Law, more or less know the meaning of patent infringement, it is still not sufficiently clear and complete . This article holds that refers to a patent infringement or validity of patent protection, the acts of the patentee without permission, also not specifically authorized by law to a profit for the purpose of the conduct of the patent.

2, the amount of patent infringement damages as defined in

Damages for patent infringement is patent infringement shall bear civil liability for the important. China's current Patent Law and its implementation details the lack of definition of patent infringement damages provisions, but in 1992 the Supreme People's Court to hear patent disputes on a number of questions provides three methods of calculation. However, the practice of patent trials, whether due to patent infringement based on the actual economic loss as the amount of damages or the infringer due to violations to the total amount of profits as compensation, or to license the use of not less than charge a reasonable amount as the amount of damages, there is a lack of operational disadvantages. People's Court for patent infringement in the amount of damages it is difficult to determine, it was often difficult under the sentence. This article holds that the establishment of patent infringement in that but it is difficult to determine the amount of patent damages, the infringer may require to be borne by "statutory damages."

3, confirm the existence of a patent infringement indirect

Refers to indirect infringement abetting, aiding, inducing others to commit acts of patent infringement. International patents in many countries have legislation or judicial practice, the provisions made for indirect infringement, such as the United States patent law, infringement and inducing others to prepare for the infringement of others, and commitment to jointly and severally liable for infringement. China's current Patent Law does not provide for indirect patent infringement, but with the patent infringement cases in China increased gradually emerged indirect infringement, the People's Court has accepted a number of cases of indirect infringement. The Supreme People's Court in the General Principles of Civil Law on the implementation of a number of issues set forth in section 148, "abetting, violations of the implementation to help others for infringement of common people, should be jointly and severally liable for civil commitment." To increase combat patent infringement efforts, more effective protection of patents, patent law in the re-amended, the proposed guidelines specify that indirect patent infringement and its liability.

Second, the criminal provisions of the patent and the convergence of the revised Criminal Law

China's Patent Law, patent infringement on the fundamental principles of punishment is the principle of civil penalties that violators should be held to bear civil liability, criminal penalties apply only pass off the patent acts and serious. The current Patent Law, mutatis mutandis, the provisions of section 63 of the Penal Code article 127 of the implementation of the crime of counterfeiting patents of others criminal penalties. However, the October 1, 1997 revised Criminal Law of China has been the implementation of section 216 of the Act provides that "pass off the patent, the circumstances are serious, fixed-term imprisonment of 3 years or criminal detention, or impose a single fine." It is clear , the provisions of the Patent Law and the Penal Code has been revised uncoordinated. For this reason the patent law should be amended again to address this issue.

Third, patent infringement litigation

Improve the patent infringement litigation system is the need to consider amendments to the Patent Law of the content.

1, patent infringement litigation in the plaintiff to identify qualified

Most national patent laws on patent infringement litigation to prosecute people who were in scope have been clearly defined. China's Patent Law article 60, without a patent license for implementation of its patent infringement, the patentee or interested party may request the authorities to deal with patents, but also directly to the people's court. Accordingly, in the enjoyment of patent infringement litigation in the plaintiff's qualifications, there are two types of patents and stakeholders.

The above-mentioned provisions of the Patent Law does not clearly "interested person" who actually including patent law did not provide details. This article holds that the majority of national patent legislation by reference to the General Orders, and to consider the judicial practice of China's patent, "interested person" should be defined as an exclusive patent license contract with the exclusive license of the licensee contracts. Exclusive license in the case of patent infringement against the patent will have a direct licensee to implement the exclusive right to the detriment of the interests of its exclusivity, the licensee is interested persons, shall be vested with independent right to sue; in the implementation of an exclusive license under the , the patentee and the licensee the right to share the patent, in the event of patent infringement, the licensee that is a common implementation of the right was violated, the licensee can be sued as a stakeholder.

2, patent infringement litigation, "the implementation of先予" problem

And the preservation of property, like the use of enforcement procedures先予in patent infringement litigation has important significance. Patent infringement is generally a continuous, dynamic behavior occurred often in the future prosecution of the infringer is still underway, in order to effectively put an end to violations, to prevent the patentee to cause even greater losses, the patentee should be allowed in request filed after the court ruled that the implementation of its ban on先予claims. However, due to patent infringement cases more complicated in most cases, quite difficult to determine infringement, but also to hear a longer cycle, if the applicant does not provide guarantees, if the court ultimately found the defendant not infringing, the implementation of the applicant, due to losses suffered by先予on difficult to obtain reasonable compensation. Therefore, changes in patent law can be clearly defined in the patent infringement litigation in the implementation of applicable procedures先予, it shall order the applicant to provide security, or to reject the application.

3, methods of patent infringement litigation in the burden of proof

Amendments to the Patent Law in 1992, when the issue of amendments to a certain extent. However, with the trips of the provisions of Article 34 as compared to a gap still exists. Specifically, the current Patent Law Article 60, paragraph 2, the lack of the following two elements:

(1) the judiciary should have the right to order the defendant to prove that the method of manufacturing the same product is different from the patented process; if they can not give evidence to the contrary, it will not permit the patentee to manufacture the same product as any use of the created by the patented process.

(2) cited evidence to the contrary, consideration should be given to the defendant to protect its technological secrets and commercial secrets of the legitimate rights and interests.

Further revision of the Patent Law should take into account the increase in the above two provisions into this area in order to perfect the system of the burden of proof, and with international practice.

4, prescription

The existing patent law does not provide patent offices patent dispute mediation cases the statute of limitations, but also did not provide patent dispute is the time. The amendments to the Patent Law, the remedy should be. That may provide for: the management of institutions to deal with the request of the patent or patent disputes directly to the people's court for a two-year statute of limitations, since the patent applicant or patentee or interested parties should be aware that the date.

Fourth, the patent administrative law enforcement authorities in the status of

China's current Patent Law and its implementation details of the patent offices to give mediation of patent disputes (including patent infringement disputes, patent disputes are, etc.) and deal with counterfeit and other patents, patent terms impersonation. From the actual situation, the patent offices of law enforcement and handling of patent disputes has been the status of patent practice, a contentious issue. Patent management position of administrative law enforcement organs is not clear, no doubt constraints an obstacle to their development.