| Piracy Problems
in China, Taiwan and Hong Kong |
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Piracy Problems in Hong Kong Conclusion Being part of the Greater China, China, Hong Kong and Taiwan are having many similarities as well as differences in IPR protection due to their own cultural, historical and economical backgrounds. The following table is a summary on the three locations on IP issue: |
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| China | Hong Kong | Taiwan | |
| Cultural | Sharing of creative works and ideas stemmed from Confucian beliefs. In addition, sharing has been the mandate for over 40 years in this Communist state. | It is still under Confucian influence. The education system discourages creativity. | The public widely holds that "knowledge should be shared" and does not have a clear notion of intangible property concept. The government is lenient towards piracy. |
Political influence |
Urge to open up the market after becoming member of WTO, to make compatible laws with different bilateral treaties to protect IPR. |
As a founding member of WTO, Hong Kong is obliged to comply with TRIPS. In the mid-1990s, it was subject to stronger pressure from the international community to commit IP protection. |
It has to make bilateral treaties and agreements with individual countries due to lack of international standing. |
Economy |
$103.1 billion trade surplus with US in 2002 |
US$3.3 billion trade deficit with US in 2002 |
$13.8 billion trade surplus with US in 2002 |
WTO member since |
December 11, 2001 |
1995 (founding member) |
January 1, 2002 |
IIPA Special 301 Recommendation (1990-2002) |
306 Monitoring (6) Priority Watch List (1) Watch List (3) Priority Foreign Country (3) |
Other Observations (1) Watch List (2) |
Priority Watch List (3) Watch List (6) Priority Foreign Country (1) Other Observations (1) |
2002 Estimated trade losses due to copyright piracy |
US$1,849.3 million |
US$164 million |
US$756.7 million |
Rules and regulations |
China has patterned its IPR laws on international treaties: the Berne Convention and the WTO 's 1995 Agreement on TRIPS. Nevertheless, China still receives pressure to improve the transparency of its legal system, and to eliminate "local protectionism" In the future, China has to develop more stringent IP protections and to assure foreign IP rights holders equal treatment under those laws. |
Continue to make good progress in IPR protection and sentence those convicted into jail. |
Follows largely TRIPS Agreement. In some areas it has even gone beyond the Agreement's threshold. Convicted offenders have to face both imprisonment and monetary penalty. |
Legal enforcement |
Inadequate |
Acceptable |
Inadequate |
