Piracy Problems in China, Taiwan and Hong Kong

Piracy Problems in China

Development of Rules and Regulations
Year Law Passed/Important event Significance
October 1992 China acceded to the Berne Convention for the Protection of Literary and Artistic Works. Establishment of bilateral copyright with the US.

October 1992
China acceded to the Universal Copyright Convention.
China explicitly recognized computer as literary work and extended protection to computer programs for 50 years without mandatory registration requirements.

June 1993
China acceded to the Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of their Phonograms (Geneva Convention).

December 1993
Unfair Competition Law was passed.
It protects unregistered trademarks, packaging, and trade dress and prohibits unfair competition by monopolies/cartels in controlling prices.

July 1994
Copyright Implementing Regulations was made.
It makes copyright infringement a criminal offence. Violators can be sentenced to prison for up to seven years or executed in severe cases.

February 1995
U.S.-China IPR Enforcement was reached.
China promised to markedly reduce piracy, to improve enforcement at the border, and to open its markets for U.S. computer software, sound recordings and movies.

October 2001
The New Copy Right Law Amendments: 2001 Copyright Law was passed.
The amendments make a number of significant and welcome changes to the 1990 law and attempt to bring that law into compliance with TRIPS.

December 2001
China became member of WTO.
The entry of WTO has a great impact on China's future legislation as TRIPS requires all WTO members to protect IP through compliance with the Paris Convention, as well as other related agreement.

December 2001
The New Computer Software Regulations was made.
The regulations created other, new problems such as Article 17 of the regulations establishes a potentially huge and TRIPS-incompatible exception to protection for software.
     
     
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