Piracy Problems in China, Taiwan and Hong Kong

IP-Related Organizations and Conventions


The basis of international economic integration is that most members of the international community have shared substantive standards to ensure that each of its member's domestic laws and policies related to them are fair, non-discriminatory, and transparent. This is very important for the establishment of multilateral agreements to encourage exchange, trade, and some level of international technology transfer and a fair investment framework.
  • The Berne Convention (BC) and the Universal Copyright Convention (UCC) are two principal international conventions protecting copyright. The Berne Convention Implementation Act of 1988 brings the United States, as of March 1, 1989, into the Convention of Literary and Artistic Works, a group of countries that recognizes international copyright protection, commonly known as the Berne Union or the Berne Convention. At the present time, membership in the BC has doubled from 74 countries in 1984 to 149 in 2002). Each member nation of the Berne Convention is required to apply its own copyright laws on works from other member states, and to include certain requirements of the convention in its laws. In joining Berne, the US Congress adopted a "minimalist" approach that keeps the old copyright laws intact as far as was deemed possible.
  • The Universal Copyright Convention (UCC), adopted at Geneva in 1952 was developed by United Nations Educatioanl, Scientific and Cultural Organization (UNESCO) as an alternative to BC for those states which disagreed with aspects of BC, but still wished to participate in some form of multilateral copyright protection.
  • The World Intellectual Property Organization (WIPO) is an international organization dedicated to promoting the use and protection of works of the human spirit. These works - intellectual property - has become significant nowadays as integration of world's economy. Through its work, WIPO plays an important role in providing guidance and view for nations regarding IP issues.
  • The Paris Convention for the Protection of Industrial Property (PC) was first held in 1883 to adopt a treaty providing the foundation for international patent protection. As of January 1993, 108 countries were members of it. The Convention applies broadly and includes all forms of intellectual property. Its membership is open to all countries. The treaty signifies two important provisions: (1) each member country guarantees citizens of other member countries the same rights as its own citizens, and (2) the right of priority ("priority date") is recognized for subsequent filing in the member countries within a certain period (12 months for patents). Thus, if someone makes his application in a member country, other countries will honor that first filing date. Thus, an inventor wishing protection in multiple countries need not file all applications at the same time, but has 12 months from the first application to decide on subsequent filings.
  • The Trade-Related Aspects of Intellectual Property Rights (TRIPS), signed in 1994, incorporates basic standards of IP protection from the PC and BC. TRIPS includes provisions protecting a broad spectrum of IP rights, including patents, copyrights, trademarks, geographical indications, and industrial designs. TRIPS requires all WTO members to protect IP through compliance with the PC, as well as other industrial property and intellectual property related agreement.