Piracy Problems in China, Taiwan and Hong Kong

Piracy Problems in China

Development of Rules and Regulations

The introduction of regulations concerning piracy is still relatively new and much of the legislations are open to interpretation. Regardless the effectiveness of these laws, we will take a look at significant piracy rules and regulations developed in China.
Year Law Passed/Important event Significance
July 1979 US-China Agreement on Trade Relations was signed. This agreement marked the beginning of People's Republic of China (PRC) as an IP protection regime. Both sides stipulate that each will offer the other reciprocal protection of patents and copyrights.
June 1980 China acceded to the WIPO.

August 1982
Trademark Law of The PRC was enacted.
Detailed Implementing Regulations were passed in 1983 and 1988 to replace the 1963 Act. Based on a first-to-file system, registration is valid for 10 years after approval, with a 10-year renewal option. 1988 revisions introduce protection for service marks.

March 1985
China acceded to the Paris Convention for the Protection of Industrial Property.

May 1989
US-China Memorandum of Understanding (MOU) on Enactment and Scope of PRC Copyright Law was signed.
It stipulates that copyright legislation will include computer programs as a specific category; expands patent protection without specifying industries or time limits.

June 1991
Computer Software Protection Regulations was promulgated.
Software Registration Procedures was issued in 1992. It protects published software registered after the enactment date, leaving all existing software in China in the public domain. The new regulations also extended protection to computer software, literary, artistic, and scientific works.

January 1992
U.S.-China Memorandum of Understanding (MOU) on Intellectual Property Rights was signed.
China pledges to extend copyright protection to foreign owners of software, books, firms, sound recordings, and other mediums previously unprotected.

September 1992
Regulations for the Implementation of International Copyright Treaty Provisions were signed. 		It provides further amendments to the Copyright Law. Extends protection to "applied art" (jewelry, watches, toys, furniture, etc.), which are subject to registration requirements.
     
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