China recently amended its Copyright Law to prepare for its entry
into the
World Trade Organization
(WTO) to better protect both foreign and Chinese copyright holders'
legal rights.
The amendments extend the scope of the law to involve more
subjects, including acrobatic performances, architectural designs
and literary and artistic works published via the Internet.
Copyright laws in China under the new amendments now prescribe
tougher penalties for copyright infringement that includes legal
measures not previously listed as copyright protections under the
Civil Procedure Law. For example, anyone who infringes on a
copyright may be required to pay damages of 500,000 yuan
(US$60,485) when damages cannot be calculated. Copyright holders or
other right holders concerned also may apply to a people's court to
order a stop to alleged copyright violations even before a hearing
begins.
Zhang Ping, associate professor of law with Peking University,
said that 53 out of the 56 stipulations of the original copyright
law were revised and that the amended law now has 60 clauses.
Wang Huapeng, an official with the National Copyright
Administration of China said that the amendments cover changes to
the legal rights and responsibilities of copyright holders, and
collective administration of copyrights. Collective administration
of copyrights can efficiently facilitate the identification of
copyright holders and payments of copyright fees. Statistics show
that the Chinese Writers Association helped its members to get some
three million yuan (US$362,911) in copyright fees in 2000. The
amended law features regulations relating to on-line copyright
protections.
Wang said that the amendments greatly reduce differences between
China's copyright laws and the international conventions on
copyright protection, and the WTO's Agreement on Trade-Related
Intellectual Property Rights (TRIPS).
Sources said that the amended copyright law guarantees equal
protection to foreign and Chinese copyright holders and is expected
to promote the development of patented products in international
and Chinese markets.
A
number of relevant departments are now drafting rules and
establishing institutions to facilitate the smooth implementation
of the amended copyright law. Copyright protection institutions and
agencies in various fields are now emerging in China.
China's first Copyright Law, issued in 1990 and implemented in
1991, greatly facilitated the protection of copyrights of literary,
art and scientific works. However, recent changes in the
international environment and China's fast development made further
revisions necessary.
In
a move to embrace international property rights rules, China
acceded to the Paris Convention for the Protection of Industrial
Property in 1984 and the Berne Convention for the Protection of
Literary and Artistic Works in 1992.
Zheng Chengsi, a member of the
National People's Congress Law Committee, said that it takes
about 10 years for China to formulate copyright protection laws and
regulations, much shorter than it takes in foreign countries.
Xu
Jialu, vice chairman of the NPC Standing Committee, said that the
revised law can better coordinate the relationship among copyright
holders, users of copyrighted products and the public, as well as
meet various international treaties, especially the WTO
requirements.
Shi Zongyuan, director of the National Copyright Administration,
said that the Chinese people's awareness of the need for copyright
protection needs to be improved.
There are still some problems with China's protection of copyright,
which should not be overlooked.
For example, pirated books, video products and computer software
have run rampant in recent years despite the government's harsh
crackdowns on them.
One reason is that the price of authentic products is too high for
average consumers. Vast demand has stimulated many pirates to
challenge the law.
While fighting relentlessly against pirates, the government and
enterprises need to make protected products affordable to common
people.
Likewise, the perfection of the copyright law system hinges not
only on sophisticated legislation, but also on the efforts of law
enforcers as well as every user of intellectual products.
(Reports from Xinhua News
Agency and China
NPC News, edited and translated for china.org.cn by Chen Chao
November 16, 2001)