【Research Center for the Legal System of Intellectual Property】

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A New Strategic Move for IPR Protection in China

RA Yu Fenglei

Recently, IPR protection in China has been rapidly reinforced. However, some cast doubts about globalism, for example, questioning that privatization of everything might rather discourage creativity. Others show a backlash against imposition of foreign sense of value. The fact is that there is perplexity about a minus rating given by foreign countries to IPR issues of China, which is continuously building a high-growth economy.

China currently ranks second in the world as for the Internet user population as well as the number of networked computers. In the boom of the Internet industry, it is urgent for IPR protection in China to effectively protect the interests of copyright holders and legally promote exploitation of literal, artistic, and scientific work. Infringements over the Internet have impact on the sound development of Chinese Internet industry and also become strong pressure on the development of the traditional publishing industry, movie/TV industry, and software industry.

With this background, China has cracked down on illegal activities since the second half of 2006, such as downloading of movie, music, and software provided over the Internet. On December 29, China officially joined two treaties - "the WIPO Copyright Treaty (WCT)" and "the WIPO Performers and Phonograms Treaty (WPPT)", and showed the positive attitude towards international harmonization in terms of IPR protection. Thus, it has reinforced copyright protection in the field of the Internet.

To create and accumulate intangible assets is a prerequisite for China, which has strong ties with Japan and pursuits a national strategy to become one of the intellectual economic powers in the 21st century. It seems to be necessary to work together to find the point where China and other developed countries share a mutual interest. It is truly beneficial for China to learn historical experiences of successes and failures of the developed countries in the changing international society. Especially, it is very important to establish a new system, improve capability of people, and develop human resources necessary for the nation in order to maintain China's continuous development.

This year is the 35th anniversary of normalization of diplomatic relations between Japan and China. The planned visit to Japan by Chinese officials revives mutual visits between two countries. They will have more opportunities to actively discuss the IPR protection and dispute settlements.