第八百七十六条 集成电路布图设计专有权、植物新品种权、计算机软件著作权等其他知识产权的转让和许可，参照适用本节的有关规定。
Article 876 The relevant provisions of this Section may be referred to the transfer and license of the integrated circuit layout designs, rights to new plant varieties, computer software copyrights and other intellectual property.
集成电路布图设计专有权、植物新品种权、计算机软件著作权等都有相应的法律或法律规定，至少也有部门规章。但由于技术发展的速度远高于立法的速度，相关规定并不详尽，也缺乏民法典般的权威性，因此在本节规定中，采用”参照适用“的方式，为相关权利保护提供更多的法律支持。
”参照适用“ 是指对于没有直接纳入法律调整的相关经济活动，根据相关活动的性质、逻辑内涵等将现有的法律规定扩展至近似的经济活动中，是法律的扩充解释方法。裁判中一般不直接引用相关法律条文，但在说理部分通常会引用相关规定。 除非你能列举出与此相反的层级更高的法律规定，否则，对于法院和仲裁机构的参照适用，是没有抗辩效果的。
”其他相关知识产权“ 注意此外的其他相关知识产权并非指除专利、技术秘密及集成电路布图设计专有权、植物新品种权、计算机软件著作外的其它所有知识产权，而是指与集成电路布图设计专有权、植物新品种权、计算机软件著作具有同质性的知识产权，即必须是利用科学技术知识、信息和经验作出的涉及产品、工艺、材料及其改进等的技术方案。
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Legal Maxims and Aphorisms( 1st Edition)
Legal Maxims and Aphorisms Part two ( 1st Edition)
Legal Maxims and Aphorisms Part three ( 1st Edition)
法律英语
Barrister
A barrister holds a university degree and will go on to complete a period of vocational training. A barrister must belong to one of the four Inns of Court. Having passed his Bar examination and eaten a set number of dinners in his Inn of Court, he will be called to the Bar by his Inn and must then follow a period of practical training (called pupillage) of one year under an experienced barrister.
The professional governing body of the Bar is the Bar Council and the Bar is regulated by a Bar Standards Board.
There are employed barristers and self-employed barristers. An employed barrister may, for example, work for a law centre, the Crown Prosecution Service or the government legal service. Most barristers are self-employed but usually group together for administrative convenience in chambers where they share the accommodation, secretariat and the services of the clerk. It is therefore incorrect to refer to a firm of barristers, even though the chambers are often referred to by the name or names of the senior barristers in those chambers. Possibly the most important person in chambers is the clerk. The senior clerk acts as a business manager and is now often referred to as the practice manager: he attracts the work, arranges the briefs (written instructions from a solicitor to a barrister giving him a case) for individual barristers and negotiates the fee with the solicitors, as a barrister’s fee is not always paid directly by his client but through the solicitor. Until recently, it was not possible for members of the public to approach a barrister directly: access to a barrister had to take place via a solicitor. These rules have been relaxed. Through the public access scheme, members of the public may now approach barristers directly on most civil matters. Selfemployed barristers may now also form associations with non-barristers, such as an ABS with solicitors and accountants.
The work of many barristers is that of an advocate, arguing a client’s case in court. Barristers have a right of audience in all courts. All practicing barristers are called junior counsel. However, a barrister who has been in practice for ten years can apply to become a Queen’s Counsel (QC), which is called taking silk. A QC only appears in the most important cases. He is also known as a leader or leading counsel because he is often accompanied in a court case by one or two junior counsels. When representing a party in court, the barrister is referred to as counsel (for the client or in criminal cases for the defence or prosecution).
Barristers are often specialists in certain legal domains. Some specialist barristers, for example chancery barristers, will spend most of their time producing written opinions on cases rather than speaking in court.
To summarise, the difference between solicitors and barristers is often compared to that between the family doctor and the hospital specialist. For most legal matters, members of the public will visit a solicitor. The solicitor will call in the aid of a barrister if he needs expert advice and/or the client’s case will become a court case and the advocacy expertise of a barrister is required.
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