Abstract: In 1982, China promulgated its first modern intellectual property law, offering protection to trademarks. Since then, China adopted the Patent Law in 1984, the Copyright Law in 1990 and the Anti-Unfair Competition Law in 1993. In December 2001, China finally became a member of the WTO, assuming obligations under the TRIPS Agreement. One can certainly debate about the actual age of the modern Chinese intellectual property system, but it will not be too far-fetched to suggest that the system began in the early to mid-1980s and is now entering, or approaching, its middle age. What exactly does a middle-aged Chinese intellectual property system mean? Will the system hit its prime? Or is it about to face a hard-to-predict mid-life crisis?
On Friday, the U.S. Trade Representative announced its Section 301 investigation of China’s “acts, policies, and practices related to technology transfer, intellectual property, and innovation.” As part of the investigation, it is accepting comments from the public, which are due by September 28. The initiation of the investigation follows President Trump’s August 14 memo on intellectual property, which noted that “China’s conduct “may inhibit United States exports, deprive United States citizens of fair remuneration for their innovations, divert American jobs to workers in China, contribute to our trade deficit with China, and otherwise undermine American manufacturing, services, and innovation.”
Abstract: Nations and businesses around the globe have been battling over copyright protection laws, with industrialized nations pressuring developing nations to adopt “Western-style” copyright regimes. These battles are escalating as copyright piracy grows, while developing nations struggle to formulate reforms that will protect their own intellectual property as well as that of industrialized nations.
Abstract: The year of 2015 was a successful year for Chinese film industry. It was also a monumental year for the development of Chinese entertainment law. During the past year, we witnessed a substantial increase of cases before the Chinese courts that are of interest to the entertainment industry, including the substantial similarity test in copyright infringement analysis, protection of movie titles and story characters through trademark and anti-unfair competition law, protection of private rights to privacy and reputation, and the treatment of freedom of speech and the public’s right to information.
Abstract: The creation of works in modern society is becoming more and more impersonal, and the majority of works are created as works made for hire. Reasonable property rules are required to minimize transaction cost and to facilitate smooth dissemination of such works. However, neither the current nor the envisaged amended version of the Chinese Copyright Law provides works made for hire rules, which are fair and predictable enough.
[Initiative for Medicines, Access & Knowledge, Link, (CC-BY)] Worldwide 150 million people are living with Hepatitis C. In countries like Argentina, Brazil, China, India, Ukraine and Russia 59 million people have Hepatitis C, and worldwide 700,000 people are dying preventable deaths from liver cancer and liver disease.
Pharmaceutical corporation Gilead Sciences is seeking illegitimate patents for the hepatitis C medicine sofosbuvir, blocking millions of people around the world from getting the treatment they need to get well. If Gilead is awarded unjustified patents in Argentina, Brazil, China, Ukraine and Russia, based on the likely prices that will be set for these countries, they could be faced with an overspend of US$270 billion to treat all people with hepatitis C.
President Obama gave a talk on the stat of the economy last week at the Business Roundtable, group of American CEOs that promotes pro-business public policies. The full transcript of his talk, including questions and answers is here.
As part of a longer answer to a general question on the global economy, Obama mentioned bilateral talks with China. He said that his administration is “pushing hard” on China to strengthen intellectual property, and asked the member companies of the Business Roundtable to “help us by speaking out when you’re getting strong-armed.”
On April 30, the United States Trade Representative released the 2014 Special 301 Report, which fulfills its mandate under the Trade Act (19 U.S.C. § 2242) to identify countries that “deny adequate and effective protection of intellectual property rights, or deny fair and equitable market access to United States persons that rely upon intellectual property protection.” The report is based partially on input including the public comments and hearing statements that are available on regulations.gov, and partially on other inputs such as meetings with other government agencies. Below are six observations:
Last week, The U.S. Trade Representative (USTR) submitted a report to Congress on the state of China’s compliance with WTO rules, including those on intellectual property (the TRIPS Agreement). The report states that “China has established a framework of laws, regulations and departmental rules that largely satisfies its WTO commitment.” [p.17] However, USTR wants China to strengthen laws that exceed the level required by TRIPS, and the report describes its efforts to strengthen the laws, and the enforcement of those laws, especially online.
Thanks to Inside U.S. Trade for posting the full transcript of President Obama’s October 8 press conference about the government shutdown. During the press conference, New York Times reporter Mark Landler asked Obama if China benefited from his absence from the recent APEC and Trans Pacific Partnership meetings in Bali. Obama’s response brought up the way that the U.S. wants to raise norms on intellectual property through the Trans Pacific Partnership in order to eventually raise them in China:
On July 6, 2012, China’s National Copyright Administration published a Second Draft for a new (third) revision (Chinese version) to the Copyright Law for the People’s Republic of China 《中华人民共和国著作权法》. Once adopted, this will become the Third Revision to the Copyright Law since it was originally enacted in 1990. Changes in the Second Draft from the First Draft published March 31, 2012 (Original Chinese / English translation by China Copyright and Media) represent a move to a more American system, including both an “open list” of exceptions to exclusive rights and a pseudo-“three step test” to which these exceptions must conform. I have also translated the Chapter on The Limitations to Rights from the Second Draft (highlighting the differences between the two recent drafts).
Author: Hong Xue
Abstract: On July 6, 2012, the National Copyright Administration of China released the 2nd Draft of the 3rd Revision of the copyright law, in which 81 provisions were changed from the 1st Draft. It does contain a few improvements, but it contains more compromises and even steps backward under the pressure of interest groups.