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药品说明书是药品情况的重要说明,然而近年来对于药品说明书的著作权法保护问题,各界观点难以统一,有关药品说明书的著作权侵权案例也时有发生。而近几年法院在审理药品说明书著作权纠纷时,对其性质认定也大相径庭。本文通过分析近几年来发生的药品说明书著作权侵权案例,探究药品说明书的法律属性,结合公共利益平衡的角度,认为药品说明书不应受到著作权法的保护。
However, in recent years, the protection of copyrights of drug manuals has made it difficult to unify the views of all walks of life. Cases of copyright infringement concerning the drug manuals have also occurred from time to time. In recent years, courts have been quite different in their nature when hearing the dispute over drug copyrights. By analyzing the cases of copyright infringement that occurred in recent years, this paper explores the legal attributes of the drug specification and considers that the drug specification should not be protected by the copyright law in the light of the balance of public interest.