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| Talking Point | Interviews | Success Stories | China Today | Import & Export | Legally Speaking | Regional Development |
China fights against piracy

New copyright laws and initiatives aim to protect emerging Chinese brands as well as international brands and products

Piracy of audio-visual products and computer software is a difficult problem. These days it's a challenge for the whole world, but it's particularly a problem in developing countries. In Mainland China the battle between legitimate and pirated products has been going on since the 1980s, even as the country's audio-visual products industry and computer software sectors have undergone rapid development. From the first anti-piracy campaign in 1989 through to the present year, Mainland China has invested large amounts of manpower and capital in various campaigns against the pirating, illegal trafficking and circulation of audio-visual products and computer software.

Over the past two years, Mainland China has stepped up its efforts to stamp out the rampant stealing of intellectual property, partly in response to heavy pressure from the United States and the European Union, and partly to protect new Chinese companies that are starting to produce their own competitive goods. But even so, illegal copies of CDs, DVDs and computer software are widely available on city streets. Mainland China acknowledges the problem, is increasingly aware of the importance of intellectual property rights protection, and has promised closer cooperation with foreign governments in fighting product piracy.

100-day nationwide campaign against piracy

Efforts to fight piracy have intensified as the country's audio-visual products and computer software markets improve. On 15 July 2006 a 100-day nationwide campaign against piracy - focused on unlicensed copies of goods ranging from movies and software to designer clothes and sporting goods - was launched by the Ministry of Culture, the Ministry of Public Security and seven other departments of the People's Republic of China.

During the 100-day nationwide campaign against piracy, nearly 13 million pirated CDs, DVDs and computer software discs were destroyed, and more than 89,000 shops and street vendors were prosecuted by police and copyright officials. In addition, Mainland China made a thorough check of all manufacturing, renting, projecting and replicating companies.

Pre-installing operating systems in computers

The latest effort to address the thorny issue of piracy is a notice issued jointly by the National Copyright Administration and the Ministry of Commerce and the Ministry of Information Industry of the People's Republic of China that orders local computer manufacturers to install licensed operating systems software before their goods are put on market.

According to the notice, computer manufacturers and software vendors must also report to the Ministry of Information Industry before the end of February each year the number of computers sold and the number of operating systems installed in the computers.

Some computer manufacturers were already moving towards pre-installing operating systems in computers in order to minimize the production cost. TCL Group, a television and mobile phone maker in Mainland China, recently signed an agreement with Microsoft Corporation that all of its personal computer products will pre-install the Windows operating system. Foreign PC makers, including Dell Inc, the third-largest PC seller in Mainland China, and Hewlett-Packard, will also be affected by the notice, which mandates all imported computers to install operating systems before they are put on shelf.

Online anti-piracy campaign

Fighting against online piracy is another mission. Mainland China has issued the Protection of the Right of Communication through the Information Network, effective from 1 July 2006, which bans the uploading and downloading of Internet material without the copyright holder's permission. The government is also working with the World Intellectual Property Organization (WIPO)on the implementation of two international treaties on the Internet. Mainland China's copyright authorities are preparing an Internet system to stop online piracy. The system will be able to identify pirated software, films, music and other copyrighted works being shared online.

A long way to go

However, at an international level Mainland China still lags behind more developed nations in copyright protection (although piracy is still a problem even in countries with the highest levels of copyright protection). The people, as well as the government, should be called up to fight together against piracy. The government should reinforce its management and law enforcement. At the same time, the people should also be educated to boost up their intellectual property awareness.

 
December 2006
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