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A comment on chinese legal environment of online copyright protection

Published: 15 August 2005 Publication History

Abstract

China's online population has grown rapidly in recent years from just 620,000 in 1997. Independent forecaster Analysys International said earlier in 2005 it expected the total number of netizens in China to reach 134 million by late 2005. According to "2005 Special 301 Report" released by USTR concluding that infringement levels remain unacceptably high throughout China, in spite of Beijing's efforts to reduce them. Among other things, Internet piracy is quickly becoming the number one threat to the copyright industry. Therefore, this article tries to conduct a comprehensive survey on Chinese legal environment of online copyright protection, including introducing government policies, the recently enacted and amended relevant law and regulations, and discussing judicial views by doing some case studies as well. Finally, this article calls for China's corporation with her trading partners esp. the U.S. to work out to diminish the conflicts arising from IPR infringement disputes in China including the online aspect. Hopefully, A goal of "double or multiple wins" can be achieved thereafter.

References

[1]
Lulin Gao, "China's Intellectual Property System in Progress", in "China in The World Trading System: Defining the Principles of Engagement" (Frederick M. Abbott, ed. 1998).
[2]
Pamela Samuelson, "Intellectual Property and Economic Development: Opportunities for China in the Information Age", '98 Int'l Symposium on the Protection of Intellectual Property for the 21st Century, October 28-30, 1998, in Beijing, PRC.
[3]
Wang, J., "The Internet and E-commerce in China: Regulations, Judicial views, and Government Policies", The Computer & Internet Lawyer, 18(1), Jan. 2001.
[4]
Thomas Hays and Yun, Zhang, "New Amendments to the Copyright Law of the People's Republic of China", European Intellectual Property Review, Vol. 24 No 6, June 2002.
[5]
Bolin, Liu, "On Improvement of the Chinese Copyright System in the Digital Network Environment", China Patent & Trademarks, Vol. 76, No. 1, 2004.
[6]
Wen Dao, "China guarding against software piracy", September 20, 2004, http://www.chinadally.com.cn/english/doc/2004-09/20/content_376112.htm.
[7]
USTR, "2002 National Trade Estimate Report on Foreign Trade Barriers, People's Republic of China".
[8]
USTR, "2005 SPECIAL 301 REPORT", htt://www.ustr.gov/assets/Document_Library/Reports_Publications/2005/2005_Special_301/asset_upload_file195_7636.pdf.
[9]
"China expects 120m netizens by year end", March 3, 2005, http://english.people.com.cn/200503/03/eng 2005 0303_175348.html.
[10]
"Intellectual Property Protection in China", March 29, 2005, http://ip2.mofcom.gov.cn/article/chinanews/200503/20050300030740.html
[11]
"Copyright industry contributes 6% to GDP", May 29, 2005, http://news.xinhuanet.com/english/2005-05/29/content_3016621.htm.

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cover image ACM Other conferences
ICEC '05: Proceedings of the 7th international conference on Electronic commerce
August 2005
957 pages
ISBN:1595931120
DOI:10.1145/1089551
  • Conference Chairs:
  • Qi Li,
  • Ting-Peng Liang
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Association for Computing Machinery

New York, NY, United States

Publication History

Published: 15 August 2005

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  1. Chinese legal environment of online copyright protection
  2. corporation
  3. internet piracy

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