Judge Zhang Lingling on China’s Copyright Law and Typical Cases

Last Summer (23 July 2015) gLAWcal, which is the Global Law Initiatives for Sustainable Development based in the UK, invited Judge Dr. Zhang Lingling, Beijing IP Court for Patent Examination and Invalidation and Trademark Enforcement to give a lecture on “China’s Copyright Law and Typical Cases”.

 

The event was held at Peking University, School of Government, Center for European Studies, in Beijing. Introduced by and comments from Professor Paolo Farah (University Institute of European Studies, IUSE, Turin, Italy and gLAWcal – Global Law Initiatives for Sustainable Development). The event was organized by gLAWcal – in collaboration with University Institute of European Studies (IUSE) in Turin, Italy, Peking University, School of Government, Center for European Studies (China), Tsinghua University, School of Law, Beijing (China) in the framework of the European Union Research Executive Agency IRSES Project “Liberalism in Between Europe And China” (LIBEAC).

 


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Hong Kong Government pushes for the adoption of the Copyright (Amendment) Bill 2014 by placing newspaper advertisements
Advertisement in Oriental Daily 27 February 2016

click on photo for high resolution picture of the advertisement

 

27 February 2016, the Hong Kong government placed an advertisement in some Hong Kong newspapers, including the Oriental Daily (東方日報) to advocate the adoption of the Copyright (Amendment) Bill 2014, next week.  The Hong Kong government has chosen this surprising method to advocate the passing of the bill, and blaming the Pan-Democrats in the process for the delays. Let us see whether this “government by advertisements” will be effective. My prediction is that the bill will be withdrawn by Friday.

 

Here is a translation of the text of the advertisement:

 

“The Government appeals to LegCo (Legislative Council) in the overall interests of Hong Kong, for the timely adoption of the draft amendment of the Copyright Ordinance!

 

The objective fact is that:

 

(1.) after 16 months and 24 carefully held meetings on the draft by members of the current LegCo Council Bills Committee which were considered eligible members who support the resumption of the Second Reading of the bill.

 

(2.) The Legislative Assembly decided to resume the Second Reading of the draft, was to be held in 7 meetings, of which five times they were discontinued.

 

(3.)  In the last more than two months, the Council of the General Assembly spent  75 hours, 55 hours was spent on headcounts requested by Pan-Democratic members or proposed suspensions and adjournments of the debate.

 

(4.) A draft is provided that is better than the current legislation to protect intellectual property rights and is supported by copyright holders, the Bar Association and the Law Society, Hong Kong’s economic and commercial development is essential.

 

(5.) The draft of the copyright exemption provides more user protection.

 

(6.) Due to the Pan-Democrats continued filibustering, the Legislative Council has now a backlog of six government bills and resolutions, while the current legislative session has less than five months to go. The Legislative Assembly shall be expected to handle up to a total of 28 Bills, covering a wide range of social, economic and livelihood issues.

 

The Government hereby urges the Legislative Council in the overall interest of Hong Kong, to timely adopt the draft amendments to the Copyright Ordinance!

 

The Legislative Assembly has next week still two days and a half to consider the draft. If the debate will not be completed, the Secretary for Commerce and Economic Development will propose an adjournment motion on March 4, Friday, to withdraw the Bill.

 

Commerce and Economic Development Bureau.”

 

Yours truly answered some questions about the bill, that is not as bad as the opponents like us to believe and not as good as the proponents like us to believe, to the press, see here. Also I wrote an opinion piece about it for the South China Morning Post, see here.


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