The Making of the Beijing Treaty: Actors’ Rights Feature in Capital

There is a Diplomatic Conference on the Protection of Audiovisual Performance going on. Convened by the World Intellectual Property Organization and hosted by the People’s Republic of China. It started June 20 and will be concluded on June 26, 2012.  After 12 years the Audiovisual Performances Treaty got a new lease on life. Professor Justin […]

After 44 Years Chinese Lovers of Literature Can Legally Buy “One Hundred Years Of Solitude”

Photo Festival Internacional de Cine en Guadalajara  Some rights reserved TGIF Zhang Lei wrote a nice article for the Global Times about Thinkingdomhouse, a publisher who achieved to get a copyright license for China from Nobel Prize for Literature laureate Gabriel García Márquez to publish his masterpiece ‘One hundred years of solitude’ (Cien años de soledad). […]

WTO Report DS362: “Panellists On Your Marks, Get Set, Decide”

The first thing the WTO panel did was to get translations of the People’s Republic of China’s both countries agreed upon (so called mutally agreed translations, fourteen of them). (MAT-1) Criminal Law (Articles 213, 214, 215, 217, 218 and 220);MAT-2) 2007 Judicial Interpretation (Articles 1 through 7);(MAT-3) 2004 Judicial Interpretation (Articles 1 through 17);(MAT-4) 1998 […]

Slow As A Turtle? Copyright Protection Expiration in China: Lifetime Plus Fifty

IP Dragon‘s feline friend has an interesting post December 31, 2008, about the expired protection of copyrights for authors that died seventy years ago, including the painter Wang Zhen (1867-1938), read Mr Jeremy Phillips’ article for IP Kat here. According to article 20 Copyright Law PR of China the rights of authorship, alteration and integrity […]

Comparison Between The IPR in China Relevant Provisions Of the Foreign Trade Law 2004 and 1994

I have just added links to the Foreign Trade Law of the People’s Republic of China 1994 and 2004 on IP Dragon’s blogroll ( under “IPR in China Laws and Regulations”). The IPR relevant article 6 Foreign Trade Law 1994 is almost identical to article 6 Foreign Trade Law 2004 (most favoured nation treatment and […]

Transitional Review Mechanism of China’s TRIPs Implementations Q&A Copyright Law

When China became the 143rd Member of the WTO on December 2001, it automatically entered into TRIPs, which is an integral part of the WTO Agreement. Upon accession to the WTO, China agreed (see Section 18 of the Protocol on the Accession of the People’s Republic of China WT/L/432) that the first eight years its […]

How to protect your software in China?

In China software piracy is one of the big problems. What can be done to protect software? CopyrightSoftware is specifically mentioned in article 3 (8) Copyright Law as protectable subject matter. Although copyrights do not have to be registered, since China is a signatory of the Berne Convention the enjoyment and the exercise of copyrights […]

Reaction To Danwei’s Question About Republishing In China

Danwei’s Jeremy Goldkorn has an interesting article about whether it is legal to copy and paste entire news articles, read here. China’s copyright law should be in lign with the Berne Convention of which China is a signatory since July 10, 1992 (entry in force October 15, 1992). Article 10bis (2) Berne ConventionIt shall also […]

James Paradise: WTO Case Will Not Start Before North Korean Nuclear Threat Has Ended

James F. Paradise wrote another thought provoking article on AsiaMedia of the UCLA Asia Institute. The innovation of TRIPS compared to WIPO’s conventions (Berne and Paris) is that disputes about enforcement can be dealt with in a binding manner by a panel of the WTO dispute resolution body. In other words WTO’s TRIPS is WIPO […]

MIP Briefing About Copyright For Web Design

Howard and Thomas Tsang (don’t know if they are family) of Wilkinson and Grist wrote an article for Managing Intellecutal Property about a copyright infringement case concerning web design. The plaintiff, yes a site about food, had duly registered its layout and design at the Chongqing Copyright Bureau. Since China is a signatory of […]