WTO and China´s Copyright Protection 
CCTV.COM (04.03 2003 14:26)
Progress throughout the world is dependent upon the exchange of knowledge. However, there is a growing need for effective legal protection for the owners of this knowledge. This is commonly referred to as intellectual property rights. As a member of WTO, China is becoming more and more aware of the need to recognize these rights. Respecting intellectual ownership is vital for the flow of information and the continued growth of this rapidly developing country.
China is home to one of the world's oldest cultures and the inventor of two ancient, copyright-related technologies: papermaking and printing. In 1910, China put into effect its first copyright law, known as the Copyright Code of the Qing Dynasty. The copyright protection system continued to evolve and became more advanced after the People's Republic of China was established in 1949.In 1992, China acceded to the Berne Convention and the Universal Copyright Convention, and became a member of the world's copyright protection body. In doing so, China adopted a complete legal system to protect intellectual ownership.
To date, there has been almost no difference from international practice in the protection provided by the newly revised copyright law. The new laws also include some good experiences from our own country. The legislation in China is not much different from the rest of the world.
Compared to the lengthy legislative process in some developed countries, China set up its legal copyright protection system in only ten years. This system conforms to actual conditions in China and also meets the requirements of international conventions and practices. The Chinese government has been working hard to reinforce copyright protection.
Xu Chao, Deputy Director General of Copyright Department of National Copyright Administration of China said, 'To fight pirated products, we have developed one policy. Whoever reports an illegal production line gets a reward between US$ 36,500 to 73,000. Since 1995, we have uncovered 127 illegal production lines and captured tens of millions of pirated CDs. At present, the problem of piracy is still very serious. We are working on more effective ways to tackle this issue.'
Consumers play a very important role in the campaign to protect intellectual property. When they buy fake or pirated products, the manufacturers of legitimate products become less willing to share their innovations. The Chinese government is currently working to improve consumer awareness about how their buying choices will influence the diversity of products available on both the domestic and international markets.
The China Copyright Protection Center is an organization that provides pubic administration and services for copyright-related issues. The center was established in 1998 and has grown rapidly. Ms. Sun has a master of law degree and works in the center's Law Department.
She said, 'I am comparing the materials for court so they can see if there is any resemblance and provide a fundamental basis for the court's decision. Take these two books for example, the characters, costumes and other details are similar or identical.'
Each day, many people visit the center to register software, and the number of software registrations is increasing every year. In 1992 only 178 Chinese software registrations were processed, but by 2001 that number had increased to 7,293.
Foreign copyright registration is also done here.
Qi Xiangtong, Deputy Director of this center said, 'Our center offers non-governmental administration and protection towards Copyright, which is the current practice in the international world. In countries with advanced copyright protection, they also offer social protection and services. The China Copyright Protection Center has only been in operation for three years and we are striving for that direction. We believe, with China becoming a member of WTO and its legal environment constantly improving, the social protection and services in China will improve too.
In Beijing, the Organizing Committee for the 2008 Olympic Games has a newly established Legal Affairs Department. They have the responsibility to protect the Olympic emblem from unauthorized use.
Liu Yan, Legal Affairs Department of Beijing Olympic Organizing Committee said, 'The Olympic emblem belongs to the proprietor and cannot be used randomly. The Olympic Emblem Protection Regulations stipulate that without permission from the proprietor the Olympic emblem cannot be used for any commercial or potential commercial purposes.
With its headquarters in Beijing, the China Customs Bureau has nearly 40,000 employees around the country. They are responsible for inspecting all imported and exported products and can take legal action against any infringements of intellectual property rights. In China, it is only in recent years that Customs has become engaged in these activities but they have already made significant progress in their fight against IPR crime.
With strong support from the Chinese government, China's Customs Department uses modern technology and inspection techniques to examine all imported and exported products. Although these customs agents are young, they are carefully trained and adhere to strict professional standards.
The customs agents can effectively monitor large containers without even opening them. Shanghai is a leading center for import and export activity and has an international standard container port.
Zhou Peirong, a member of Division of Legal Affairs of Shanghai Customs House said, 'Shanghai is one of the most important ports in China and offers sea, land, air and postal transportation. Sea transportation is one of the most important means. Inspections at Shanghai Customs House are becoming increasingly heavier every day. In recent years, led by China Customs Bureau, Shanghai Customs has reinforced its protection of intellectual property rights. It has uncovered more than 260 cases of IPR infringement valued at US$ 6.3 million.'
Shanghai Customs is recognized as a leader in import and export surveillance. Capable and meticulous, these inspectors are required to perform their duties quickly and thoroughly for what is often an over-loaded system.
Shanghai Pudong New District Court is China's first grass-roots court to be set up with an intellectual property rights tribunal. Today the tribunal is hearing a civil case that is concerned with copyright infringement. The Court hears many of these types of cases and the presiding judge, Chen Huizhen, has become very experienced in dealing with copyright issues.
Chen Huizhen,Vice Presiding Judge of Intellectual Property Rights Tribunal of Pudong New District Court said, 'We hear copyright-related cases and they have been increasing in number every year, especially this year. I think some citizens and legal persons are not aware of how to protect their own rights and interests. So awareness of the laws should be increased. The law-enforcement sectors should also strengthen their efforts to advocate and spread the legal system throughout the nation.
China's copyright protection measures are being developed with cooperation from the international community. Since October 1999, the European Union has worked together with China to help set up an effective modern system to protect intellectual property rights and promote bilateral trade. By advocating fair business practices both sides hope they can attract investors and protect their profits in the China market.
The EU-CHINA Intellectual Property Rights Cooperation Program is a partnership between China and EU that works to promote copyright protection in China. Teri Dunphy, Director of the program is responsible for supervising the implementation of this program. The program has allowed EU and China to develop a good working relationship to effectively solve copyright issues that affect both parties.
The ability to observe intellectual property rights is an important measure of a nation's international competitiveness. China lists IPR protection as one of the important parts of its legal system, and opening and reform policies by the government. In the future, intellectual property rights will play a more important role in maintaining economic order and promoting the development of science, culture and trade.
As the world's economy moves towards globalization, there are tougher demands on China to promote and enforce copyright protection. The observation of intellectual property rights is also an important part of China's commitment to the World Trade Organization. By complying with the rules of the international business community, China will help to ensure its own prosperity by nurturing the on-going development of international trade and investment.
Editor:Guan
