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18世纪印刷技术的迅速发展,使作品可以借助书籍这种载体大范围地传播,版权制度亦应运而生。直到20世纪80年代,由于知识产权本身的地域性特点,版权的国际保护较少涉及法律适用上的争议。《伯尔尼公约》规定了清楚的规则:(1)公约成员国国民,其作品不论是否出版,均应在公约的一切成员国中享有公约最低要求所提供的保护,此即“作者国籍”标准;(2)非公约成员国的国民,其作品只要首先在某个成员国出版,也应当在一切成员国中享有公约提供的保护,此即“作品国籍”,亦称“地点标准”;(3)享有国民待遇的作者在任何成员国所得到的版权,均须依照“权利要求地法”而不是“作品来源地法”来保护,此即版权的独立性原则。由此可见不论是权利的取得,还是跨界保护时的法律适
The rapid development of printing technology in the 18th century enabled the works to be spread widely through such carriers as books, and the copyright system came into being as well. Until the 1980s, due to the geographical nature of intellectual property itself, the international protection of copyright was less involved in the application of law. The Berne Convention provides for clear rules: (1) Nationals of a member State of the Convention, whether published or not, shall enjoy the protection afforded by the minimum requirements of the Convention in all members of the Convention, the “nationality of the author” standard; (2) Nationals of non-Convention countries whose work should first be published in one of the member states should also enjoy the protection afforded by the Convention in all member states, namely “the nationality of the work,” also known as the “place standard”; (3) ) The copyright enjoyed by an author of a national treatment in any member state shall be protected in accordance with the “Deed of Citation” rather than the “law of the place of origin of the work”, which is the principle of the independence of copyright. This shows that both the acquisition of rights, or legal protection of cross-border law