Best IP Protection is Through Education, Not More Enforcement Actions
Introduction
It is beyond dispute that China has some of the most comprehensive and up-to-date Intellectual Property (IP) protection laws of any country in the modern world, in conformance with its accession to the Berne Convention and the Geneva Convention.1 This is a direct result of China’s serious fourteen-year pursuit of World Trade Organization membership and compliance with its WTO obligations.2
On October 27, 2001, China promulgated the amendment to its PRC, Copyright Law of 1990 (the Copyright Law). The amendment came into effect upon its promulgation. The purpose of this amendment was to bring China’s copyright protection to full compliance with relevant international conventions. It seems more than coincidental that the amendment was promulgated one week before China signed its WTO accession documents; the amendment was issued in all likelihood to prove that China is making efforts to honour its WTO commitments.”3
China acknowledges that its own IT sector is retarded due to lack of transfer of foreign technology and lack of foreign investment, both caused by lack of foreigners’ belief in IP protection in China.4 China has ratcheted up IP enforcement with record numbers of prosecutions in all provinces and semi-autonomous regions, because China sees this as being in its own economic best interests. Yet, organizations like AmCham assert that while such enforcement actions are laudable, they fall far short and suggest that the situation is getting worse, not better.5 The Asia-Pacific Council of American Chambers of Commerce asserts, “Aggressive enforcement of intellectual property rights will benefit both consumers and businesses. Encouraging the enforcement of IPR rights will allow U.S. companies to reap the benefits of their investments, and will also encourage additional businesses, particularly small- and medium-sized enterprises, to participate in the global marketplace.”6
This myopic world-view taken from a “business only” perspective ignores the most fundamental principles of Globalization, cultural diversity appreciation and understanding. For five thousand years the Chinese have had no concept of private intellectual property rights. Under the Emperor Dynasties and more recently the Socialist Economic System, the government owns all real and personal property, including celebrity endorsements.7
1.3 billion people cannot be expected to embrace such a foreign concept over night. IP protection is brand new (last 20 years) and the basic change in recognizing private ownership of IP is hard to teach and hard to accept. Only 53 percent of the people even speak Mandarin8 and more than 8.72 percent are illiterate.9 That is one-hundred thirteen million illiterates in China. An entire society needs to be taught about the value of private ownership of intellectual property. This educational process must begin at China’s universities where libraries allow and even encourage wholesale copying of entire books.
Under the socialist economic system the government owned the books (copyrights were non-existent) and the people are the government. So, the people copy what they already own and thus are not stealing anything from anyone. This practice continues to this day. Chinese libraries still allow this practice to continue unabated without even a cursory check to see if the book has an ISBN number.The Chinese universities are the Research and Development labs for China and yet 75 percent of them fail to patent their own inventions.10 India is as adept at copying China’s non-patented pharmaceuticals as China is at copying America’s copyrighted DVDs.11
Chinese people understand that it is wrong to steal tangible goods but there is no concept that taking IP without compensation is wrong. Intangible thoughts and ideas have no reality as something that is subject to theft, even when they are reduced to a writing or artwork. On any given day, in any given Chinese bookstore, there are more people sitting on the bare floor stealing IP (reading books for free) than patrons in the local library. Even the bookstores encourage IP theft. There are no signs prohibiting free reading and no enforcement of such a “foreign” idea. The people know that they cannot take the book out of the store without paying for it, but they do not understand that their act of reading it without compensation also constitutes a theft. A major Shanghai university teaches IP protection using a Prentice Hall book, copied in violation of the copyright laws. This university has a teacher stand in front of the class and teach that it is wrong to steal IP while teaching from a stolen textbook. This is hypocritical and sends the wrong message to the students who are the next generation of business and government leaders. The universities must teach, not just preach, IP protection and they must implement what they teach. China’s universities are teaching the next generation of political and business leaders, as well as the next generation of teachers. Education is the fundamental key to change, not enhanced enforcement actions.
Increasing IP enforcement actions tenfold will not accomplish the desired transformation of Chinese thinking and attitude towards IP ownership and protection. This can only be accomplished through proper education, not hypocritical half-hearted educational efforts. It is no easy task to bring such fundamental change to the thinking of 1.3 billion Chinese people. It requires a psychological revolution of unprecedented proportions to create a new ethos where none has existed before. Enforcement actions undoubtedly have an effect on those successfully prosecuted but to assume a deterrent effect that will sweep throughout China’s society is to continue to believe that capital punishment deters murder or other serious crimes.
- Chen Chao (2001). China Amends Copyright Law, Retrieved from http://www.china.org.cn/english/2001/Nov/22246.htm ↩
- Olson, E. (2001). WTO Sets Date to Discuss China’s Entry, New York Times November 14, 2000. Retrieved from http://www.globalpolicy.org/socecon/bwi-wto/wto/2000/1114eo.htm ↩
- Wang, V, and Cai, R. (2001). New Changes to Copyright Protection in China Retrieved from http://www.dwt.com/practc/sha_chi/bulletins/10-01_copyright.htm ↩
- China Daily (2004). Piracy still plagues China’s IT industry. Retrieved from http://english.people.com.cn/200406/30/eng20040630_148091.html ↩
- American Chamber of Commerce (2004). White Paper – Intellectual Property Rights. Retrieved from http://www.amcham-china.org.cn/amcham/show/content.php?Id=332 ↩
- Asia-Pacific Council of American Chambers of Commerce (2005). Intellectual property Rights – Position Paper. Retrieved fromhttp://www.apcac.org/?id=47 ↩
- Falk, J. (2005). Yao Ming vs. Coca Cola. A Professional Athlete’s Right to Publicity in China. Retrieved fromhttp://www.iln.com/2004_newsletter/may/na_epstein _becker.htm ↩
- People’s Daily On Line (2005). Greater numbers speak Mandarin. Retrieved from http://english.people.com.cn/200412/27/eng20041227_168739.html ↩
- People’s Daily On Line (2005). Illiteracy Rate Among Adult People in China Slashed http://english.people.com.cn/200412/27/eng20041227_168739.html ↩
- China Education and Research Network. (2005). 75% of Chinese Universities Need Patent Application. Retrieved fromhttp://www.edu.cn/20050617/3141159.shtml ↩
- Taipei Times (2004). India accedes to pressure over generic drugs. Retrieved from http://www.taipeitimes.com/News/worldbiz/archives/2004/12/27/2003216955 ↩
In recent years university students have developed the habit of purchasing one required textbook, taking it to a photocopy service and having cheap copies made for their classmates. Students who would never consider shoplifting see nothing wrong with stealing copywrited materials such as books, songs or movies.
Teachers turn a blind eye to this practice, thus condoning it and even encouraging it.
A Dean recently exclaimed “This is China. What do you expect?”
Chinese universities are teaching disrespect for the rule of law.
IP protection has been developed in china for a short time. It develops rapidly, but maybe not so well developed. We have lots of jobs to completion of the system.
First of all, we have to improve our poor situation, such as lack of IP enforcement, weakly developed rule of law, uncertain government policies. The CCP has to definite all kinds of IP protection problems. And make power to it in law. This is the first step for the whole vision.
Second, we have to do some publicity and promotional events. To intensifying publicity and education is very important. We can promote the knowledge of IP by books, or we can set up courses from the elementary school. So we can have a very good educated generation in IP protection. The most important thing is let the people know which behaviors violate the rights of IP, and how they can protect their IP.
At last, I think comprehend the moral restraint and the law restraint will work better.
I remember when I was an undergraduate student, one of my friends told me that at the end of the semester when they finished their studying the course of intellectual properties, one of his classmates sold the examination review information he worked up himself for 5 RMB a copy . I think that is what they learnt from the course, the original author should be respected and his work is worthy to be paid.
In China, the education on the intellectual properties is not popularized, for example in universities, the course of IP is just limited in some certain majors. Thus, many of us didn’t have a holistic idea about the IP, so we usually make some IP infringements unconsciously or bear losses from no proper protection of IP.
Just as Martin said “The best protection of IP is through education”.
Professor suggests that best IP Protection is through education, and isn’t through more enforcement actions. But I don’t agree with him totally. I think education can cause a better IP Protection in future, but it requires a long time to play a role in the protection. If we want to see the effect immediately, we should use the law.
At first, we should make the law perfect, and make sure that there don’t have loopholes for people to go through. And the protecting action needs more powerful enforcement actions. The cases about intellectual property rights infringement in the trial, it should strictly follow the law and give a severe punishment. Only when people see the severity of trespassing Intellectual Property, they would pay attention to it, because they are afraid of getting punishment. For the future, we should step up propaganda efforts through organizing large publicity campaign. And we can put it into a part of the education. The students are the future of the country; they will lead the trend of the country and society.
In conclusion, both education and enforcement actions are important for IP protection. Effective combination of both is the best way to solve the problem.
How to solve the intellectual property (IP) protection problem? This is not an easy task. Here I have several suggestions as follows:
1. Education is the most important way to solve the problem. As we know, nobody was born to know everything. And most people in China do not understand that downloading on line means stealing the intellectual property of the author. So firstly we should educate them, but not punish them. Education is a fundamental way to change a person, from ignorant to brilliant.
2. IP protection laws are also useful to protect IP rights from infringement. Usually, in some cases, education doesn’t work at all, for a few people are unreachable and unteachable. As a result, we should set up the IP protection laws to protect the IP rights.
3. Everybody in the world should remember that we should not copy the ideas of others in any situations. And on the other hand, we should also protect our ideas from stealing. If everybody can follow the two principles above, IP protection problem can be finally solved.
Intellectual property rights are not new to every one of us, from enterprises to protect their own patents and brands , to street vendors sell pirate books and CDs every things are closely related to us, even though not every people realize it.
The overall trend of our country’s IPR legal system is good and also have made great achievements in many ways. But, our country’s IP legislation exists many problems, there also have many areas need to be improved.
In my opinion, to solve the IP protection problem we should do the following aspects:
Firstly, to improve the laws, regulations, and further expand the existing scope of protection of intellectual property rights.
Secondly, it is necessary to train a number of high-quality and modern legal protection of intellectual property law enforcers.
Thirdly, to strengthen the public awareness of intellectual property protection, especially for the enterprises, and it is necessary to strengthen students’ awareness of intellectual property protection, because as the article mentioned: “China’s universities are teaching the next generation of political and business leaders, as well as the next generation of teachers. Education is the fundamental key to change, not enhanced enforcement actions.”
Lastly, increase the intensity of legal sanctions for violation.
As a graduate student we should learn more knowledge of intellectual property rights, propaganda them to others and do our share for our country’s IPR legal system.
Nowadays , in our country the average status of being educated is still not high, the education quality is still far away from the developed countries . Thus, our country is taking more enforcement actions ,so that they think that IP can be protected well .But in my opinion, it can only come to effect in the short term, in the recent years, our government have highlighted the importance of intellectual protection .But in our country , most of us do not realize the importance of IP ,so they do not know how to protect the IP. So I think that we must improve the education quality and popularize the education , because people living in the poor area do not what is IP ,let alone how to protect IP . The most important action now we must take is that emphasizing education, making people know the IP knowledge, so that we can solve the problem fundamentally ,I Think that time we all understand the real meaning of IP, this is a long-term task ,of course, at the same time it is necessary to take enforcement actions appropriately, so that our country can develop very well as we are expecting!
Accompany with the economic booming of modern society, Intellectual Property protection should be treated more serious than before, especially in China, which has the largest number of people in the world. To best protect the IP rights, I think the following suggestions should be considered first.
1、Consensus of respecting Intellectual Property and labor fruits of other people must be primarily reached by the public. The traditional thoughts of reap without sowing should be abandoned.
2、A complete legal system that related to IP protection need to be involved. Certainly, any legal systems implemented rely on some tough measurements such as penalty of money, imprisonment etc.
3、Advancing people’s income and life quality, can be an effective solution as well. When people notice that they can afford something they really like and need in a very convenient way, IP violation decrease in some extent.
I am sure there are no short of solutions; we just need to do it by ourselves. As China is developing, our world is developing, progress of IP protection is an irreversible trend.
Dear Sir:
As I said last time, IP protection is one of the most serious economic development problem facing China today, and after many days of thinking, I have developed a plan to solve the problem my own, and they are listed as follows:
First of all, as Professor Martin said, the best IP protection is through education. Most old Chinese do not have the sense to protect themselves from being cheated because of their shortage of being education, so I think the education of all of Chinese should never be escape the government’s attention. And the second, some educated Chinese do not protect themselves adaptively even though they know the law well enough, the reason of this phenomenon is apparent: they do not dissolve difficulties in the law way frequently even when it is necessary .So we also should tell people to keep the sense of using it in their heads since they are educated. And the last, we must put more enforcement actions into practice, the criminals should be clear of that it is illegal—not only an ethical problem– to steal whatever thing from others and the government should implement severe penalty to them.
That’s all. And thank you very much for your considerate thinking!
Yours sincerely
Tom-class3
When I was little, my mother told me that taking others’ things without permission is stealing behavior. Undoubtedly stealing is a disgraceful pattern of behavior in our traditional concept. However our superiors have never told us that downloading the free songs or movies on the website is some kind of stealing behavior. Virtually, I am not conscious of my guilt in many affairs I have been doing until today. Nowadays, the majority of us are really lack of the Intellectual Property Concept. It is impossible to put such an enormous number of citizens to the jail. Therefore, my suggestion for solving this long-term problem is to establish an IP course in the elementary school. Instructed by the teachers and influenced by the parents, the new generation is prone to set up the IP concept deeply.
It is hard to protect intellectual property in China, because there are so many people in China, and the history of IP protection in china is too short, comparing with the 5000 years long history of China.
Actually, the Chinese law system for IP protection is fairly perfect. The more important thing is build the IP protection notion in people’s mind. Most Chinese people, from kindergarten children to university professors, are easy to neglect the intellectual property. They download movies, songs, software and other files from the internet or photocopy entire books without paying any fee to the publisher. Few people think it is a steel behavior, oppositely, they think it is clever to do that.
So, education is important. IP protection education should begin in kindergarten to make people know the importance of intellectual property right since their childhood. We should tell every people how bad it is to steel other people’s idea, design or invent. At the same time, people should be taught how to protect their own intellectual property right, which is quit important as well.
As I know, IP protection has been developing in China for more than twenty years, and progress rapidly to assort with the treaties of WTO, relatively. The correlated law covers patents, trademarks, copyright, trade secret and so on. However, it doesn’t come into effect all the time for the weak enforcement actions. The related law has been established, but not amended to a perfect one when it comes to definition. The war to protect intellectual properties has a long way to go. In the immediate time, the compromised solution perhaps not the best one in a long range, for IP protection, is to publicize and execute the law under a healthy system. Actually, the root of the rule of IP protection is the ignorance and unrespect to one’s own work. It is difficult to make it comprehensive just by publicity and enforcement. It must be involved in the first primary education. Then as the knowledge of IP protection popularized, the government should clamp down on the stealers and increase the punishment for protecting intellectual properties.
IP protection，China still has a long way to go.
If now I was an advisor to the CCP, I should give advice as followed:
① Obey what we have been advocating ”there must be laws to go by, the laws must be observed and strictly enforced, and law-breakers must be prosecuted”.
② To make all of us know that what’s IP, and steal IP is equal to steal tangible things, and the behavior will be punished.
③ Try to reduce the cost of a IP production, make sure that most of us could afford it. And focusing on the central task of economic construction, make people have more money.
IP protection is indeed a great challenge facing China nowadays. Admittedly, our government has done much to improve IP protection since we joined the WTO. But we still have a lot to do to make the IP protection system more effective.
First of all, I think the government should make a great effort to bring the law into strong enforcement. If nothing will be done to punish those who violate the law, people will be more and more unscrupulous when they infringe on the intellectual property of others.
In the second place, I suggest that our government improve the sense of IP among the citizens. Education is as effective as law. Moral plays an important role when there is no evident supervision. What we need ultimately is a growing sense of IP protection rather than a sense of being afraid of violating the law.
Last but not least, we should show more positive effects IP protection brings to the public. Only by protecting IP can we enjoy more creative products. Only by protecting IP can we enjoy more songs, literal works and movies.
The above is only part of what we can do, the most important thing is that we should act now to protect IP.
The intellectual property is an effective legal tool for protecting the interests of the owner of intellectual products, promoting the development of science, technology and the social economy. But in china, the IP protection system doesn’t work well. There are lots of reasons, the most important one is that there isn’t the idea of intellectual property in Chinese head. We should make great efforts to improve the situation. It is a long way, but we believe we can improve the IP system in future.
Certainly, education is the best way to resolve this problem. Our colleges should take the task. First, Colleges can hold the IP lesson to help students to build the knowledge of IP. However, it is difficult to have the lesson all over the country. Second, students from the major of law may play an important role. In their last year’s practice, university can ask them to disseminate the ideology of IP to public. It’s a part of their last year’s work. Besides, government should do more to improve the current situation. They can spread the intellectual property through TV program, newspaper, broadcast and so on.
Without doubt, it’s very hard to perfect the intellectual property system. But it’s the thing we must do. It can enhance the ability of international competition of china. It also helps us to change our idea and respect others.
Intellectual property rights are very important for our developing country ecomomy.But as our China is a developing country,we are used to pay attention to our economy development instead of contralize attention on intellectual property protection.I think we can take some measures,for example,we can make out integrate laws to protect intellectual property far from stealing,at the same time,it is neccessary for us to throw some persons who make mistakes into prison.Than we can appeal our community to protect the intellectual property,especially in the colledge,we must fight with these social phenomenon and we will win finally.
Why do Chinese people understand that it is wrong to steal tangible goods?Because their parents told him it was morally corrupt and they would be punished strictly when they were children.This sense has deeply imprinted in their minds and warn of them at all the times.
But why is there no concept of stealing IP? In traditional history of China,the scholars wrote books freely to expound their theories and they welcomed people to copy their books in order to expand their ideas.The authors had no sense of IP protection because they didn’t make money from publishing their books, and they only wanted to go down in history. So the people always think it is merited :when I copied your books, I was publicizing your ideas.And they wouldn’t tell their children it was wrong to take IP without compensation.
According to the above analyses,home education is so important in China to form a sense of shame stealing IP is morally corrupt, or a deterrent effect that if you steal IP you will be punished strictly.And the students could be taught by their teachers to know IP protection and they will teach their children IP protection,but what about illiterates?Who will teach them?The law,the enforcement actions,which could produce a deterrent effect forbidding people to do such things.What’s more,the illiterates who was deterred will teach their children not to offend the law,not to steal IP,even though they don’t know what is IP. And home education should mean better results than school education in many times,especially childrenhood.
My opinion is that, in order to make a strong sense of IP protection, education alone is not sufficient. It should go side by side with enforcement actions.But enforcement actions are not the final results, civilization is the final one.
1、enforcement actions →deterrent effect→good home education→civilization→a strong sense of IP protection
2、school education→good home education→civilization→a strong sense of IP protection
Because IP protection is brand new in China and people don’t know much about IP protection, so at first, what we should do is publicizing this kind of knowledge to the people who can understand it especially students in school or college. Well, in fact, nowadays most of the Chinese didn’t know much about the IP protection laws. Intellectual property should be rooted deeply in China so that people will know it is not right to download something on the internet without paid. Most of the people didn’t think it is steal not because there is no one watching but there is no approach to know this kind of laws. Furthermore, although it is hard to embrace such concept very fast in China, we can first administer the laws in a small but prosperous city like Shanghai and see how it is going. We can take advice and learn the experience before we push it all over China. We also can learn from foreign countries that did well in this area.
As you are aware,there’re many piratic audiovisual products in China markets.Since the pirated compact discs especially the Internet downloading appeared,the record market has been flat.Last year many netfriends of mainland had watched the Taiwan blockbuster on the internet when the movie was first screening in mainland.Therefore,’box office suffered heavy losses in mainland.
The case is just the tip of iceberg about IP protection in China.In the recent decades,Chinese government has been trying her best to improve the IP protection systems.By all means,there’re still much to integrity and they’re as follows.
On one hand,just as Martin said,is through education.The IP protection should be given more publicity by the mass media and educational organizations.People should konw that many a times, downloading or watching some songs and movies on toudou,youku,xunlei are violating the law!
On the other hand,Chinese government must take steps to compel compliance with the law.The web sites and pirated dics copiers must be punished severely,or else,the consumers can’t resist tempatation to download or buy the bootlegs.
More recently,initial results have been seen in film distribution and screening.We couldn’t find the complete copies of the movie and on the Internet ,though they’ve been showned for more than one month.The case is loved to see and hear,and we shall make persistent efforts.
With the repid development of China, the growth of economic not only depends on which tangible things,but also inviable things such as songs, new inventions , some documents and so on.While most people think these things are not seen in reality,they can download or copy freely,they haven’t realize they are still steal the brainwork of the original authors.
So the following methods may inhible these behaviors.
1. Education.This is the first step we must pay attention.We can organize some traning volunteers publicize the IP protection in schools,communities, research institutes .It can be kinds of forms,like giving speeches,distributing leaflets,watch some videos.
2. Laws and legislations. Government must establish a series of laws base on China’s actual conditions in every field .In addition,I don’t think put the crimers into the prison is the purpose.We must carry out the crimers who can complement interrelated knowledge and laws about IP protections in prisons.
3. Experiences. I think it is an effective way .For example,we can gather some people to accomplish a difficult task by serval days and lots of money.Then publish the result in public without telling them. And let them talk about their feelings about this unmoral behavior. People will know what is the taste when your painstaking works are stolen by others.
This phrase of IP protection is attracting more and more eyes in China today and more and more attention has been given to it. However the conception of it is still not clearly defined in the mind of most chinese,even the university students. So if we want to change the situation completely the education is the key point, as the professor said. But how to educate is a big problem needs to slove. Here I give my solution to the problem. First of all, the education should be given to the university students, since they will step into the society in the near future and they will directly influency the latter generation of China. Secondly, the young children should be given the approciate conception of privacy and personal property. Last but not least, the public people of China should have a basic recognazation of the IP protection, they should know what is IP property and why people should protect it and respect other persons’ creation.
But besides education, law is also an important consideration. Becuase even in the western world there are some people thieve others’ IP property.
IP protection is really a serious problem to our country. If we want to solve this problem
thoroughly, we must aim at the fundamental factors. I think it’s people’s ideology. Thus the most important is education: from elementary education to university education.
First of all, our government should attach the importance to the course of IP protection and call schools to put special emphasis to it. “The teacher must teach, not just preach, IP protection and they must implement what they teach.” as professor Martin said. Secondly, we should conduct vigorous propaganda with simple and popular form to people with or without education. Last but not the least importance, we should let all people to know about IP protection is what can do and what we can’t do.
My suggestions about IP protection to the government:
First,the chinese government really should make up its mind to launch a Large-scale publicity about IP protection in the whole society.So,what is IP protection? How to protect? Our public really eager to konw. Frankly speaking,maybe we can not expect too much about the publicity,but our Purpose is distinct:making the concept-theft Shameful,Innovation glorious -deep-rooted among the public.
Second,IP Certification.All websites and bookstores would be made to pass the certification.Otherwise,they would not get their license.Once they become IP certification websites and stores free resources are banned.If a person want to read Shakespeares works/listen to pop music, he has apply to be a member of the library(both reality and the net)/pop music website, and then he would get what he need.Beware the application maybe cost you some money. At the meanwhile,IP protection would be emphasized in those related corporations.Make sure that trade secrets may not be leaked.
Last but not least,Offenders must be punished twice as usual.Since there are lows about IP protection ,We should strictly enforce the law.Well,it refers to another problem–Legal System.
There reminds a lot that chinese government should do to make the pubic be more confident about the Legal System.
As we see,so many things are not ok.Time to act!Not words,but deeds!
In March 1st, 1982,the Trademark Law has come into force in China, and Since then, more and more laws about Intellectual Property has put into practice. But the conditions of Intellectual Property protection haven’t strongly improved by these laws. Why? Maybe it’s just because many people in China don’t aware the details of many important laws about Intellectual Property which are used to protect their or others’ rights. So, I think a effective way is to popularize the laws in the whole country. And there should be different ways for different people.
For the people who get educated in school, it’s easier for them to learn particular laws, because we have lessons about law not only in primary school, but also in middle school and even in college. Yes, education enable the students learn the importance and the necessary to protect Intellectual Property, and they will comply with the laws when they enter to their later career. For those who are living in the less educated areas, we can popularize the concerned laws in a widespread and long-lasting way. Slogans and vivid posters can be used. And for the people in the cities, public-interest advertisement can approach the demand.
Above all, the enforcement of the laws should be taken seriously to make the people who want to harm other’s legal right learn a lesson. Also, punishment can act as a warning to others. When Birth Control Policy first started in China, many people couldn’t understand it and ignored it. But now, it is a basic policy in China through propagation and education. So, I think intellectual property protection can be deeply understood by public in a few years too.
To protect IP not only our government but also common citizens have fervent request. But in fact, old story still go on. Of course, we are a developing country. I certainly agree with it but I don’t think it can be an answer to any question. I do hope one day our homeland can be a developed country. When we talk about IPR we may weight if it is worth doing it as a developing country. So laws and regulations may lag behind if we worry about the loss. Education may be a good way to solve the problem. How to educate? If we don’t have a clear goal to achieve education is useless. So the key of the solution is our attitude. Looking back the history of our motherland nothing can prevent us from advancing. A good example is we defeat SARS. In my opinion, the only way to solve this problem is our attitude.
I agree that “the best IP protection is through education,not more enforcement actions”. But I also believe that both education and enforcement action are essential in china . Being empty of the concept of IP protection for thousands, it’s hard to change chinese mind and ermbrace the forgein concept immedently . So proper education is needed to form the IP protection ethos ,which is the basic soluction of inhibiting the voi lation of IP rights.
Of cause ,enforcement actions also can’t be abandoned. it’s the quickest way to protect IP right .We are helped to relaize which behavions are IP thealing that we were never aware of before .For all these reasons,I raise my suggetions.Firstly,proper education of IP right protection should be carried out in universities comprehesively.Interllectual property issue is relevant to all fields of social life which we can’t ignore.Secondly, government should ecourauge patenting inventions.Peole will value their IP rights protection unless most of them benefit from it.Thirdly,measures should be taken to punish the one who voilate the IP rights.
To solve the problem of IP protection we shall divide the problem into two parts.
For the first part, to protect things which we called the real product. We shall find that it is the most easy part of the IP protection. To terminate the Counterfeit products, we just need a strict law and a great amount of police. And in china we lack of a appropriate law which the government is settling.
For the other part, which I think bother we most is the digital products. Including the songs, movies, softwares and everything that can be put into the Internet. Internet is also a world wide web that connect all the people for all over the world which means that the Internet is an area that hard to control. So in this situation the law is not the main problem, it is the way of managing that play the most importance role. The government should put some people who broken the law on the Internet in jail. In order to show the determination and the technology to the people who is still breaking the laws. Making them feeling fear and stop the action they use to have.
Intellectual products are changing the world, which means great economic benefits. Every country has its special problems in IP protection. China is no exception. For better IP protection, my suggestions are as follows:
1. Keep on the reform and opening. Do the best to increase citizen’s income. No matter people is rich or poor, the need of the intellectual products never decrease. Make people rich enough to afford the intellectual consumption is the essential solution of the IP protection in China.
2. Consummate the IP law systems and change commons’ attitude on IP by systemic education and publicity efforts.
3. For the IP protection of online musics and videos, what Google (China) has done on the music search may be a proper mode. Individual consumer in China is less likely to buy music or video copy. A media company buys the special copyright that admits the company providing free downloading of the music or video and get profit from online advertisement. By buying the products and sharing the cost of online advertisement, the consumers at last pay for their online intellectual consumption.
4. Encourage the open-source software movement in which Linux is the best example.
I agree with the idea that education is more important than the enforcement actions. But education requires a long time. During the time, the enterprises must resort to many other ways to protect their IPRs besides education.
I think one useful way is improve the IP protection technology. The most successful example was Apple, Inc. which launched their innovation, iPod, in 2001. The new Apple mp3 don’t allow the customer to reach its OS but only to copy music by software called iTune and the software, designed deliberately, cannot recognize the piratical music. The protection technique is so powerful that before the old style iPod was cracked Apple’s latest products are sold in the market. The creative idea makes it possible that both genuine music company and Apple get their pay so easily and pulls the whole genuine music business out of disappointment and unhappiness.
The intellectual property protection system emerged as a product of the development of human civilization and commodity economy, it plays a significant role in promoting progress in science, technology and economy. As a whole,China, however, for a variety of historical reasons, began work on its intellectual property rights protection system at a comparatively late date. How to effectively protect the IP is become an urgent task to Chinese government. There are some suggestions as follows:
The first things is to conduct vigorous propaganda. China has experienced a few thousand years of feudal society. Nowadays legal concept of the chinese people is still very weak,and they can not change their notion overnight. For most people IP protection is brand new and the basic change in recognizing private ownership of IP is hard to teach and hard to accept. therefore, that need to publicize widely. Moreover, education is essential.The rising generation represents the future of china, we should foster their awareness of protection intellectual property rights when they are very young.Only through indefatigable efforts, can we thoroughly solve the phenomenon of rampant violation of the IP in china.
How to protect the Intellectual Property is a very important problem in China today. Many people don’t realize the severity. Most of them still download the movie or mp3, et al, from website. All of them think the upload on the website is free and non-property right. But what they do is really offend the Intellectual Property to the owner.
I think if we want to protect the IP in china, three things we should do.
First, we should improve our consciousness about IP. The IP is not only for the book, TV, car, et al, that we can use subsistent, but also for the article, movie on the website and the spirit, also include the idea. If all of Chinese people realize what is the IP and the importance of the IP, I think the stealing of IP will decrease.
Second, the china government should make the law about the IP become more and more consummate. No loophole in law, no crime happened.
Third, we should increase the income for citizen. If there is not enough money for man to life and work, there’s no reason that he will buy the upright thing. I asked many people long time ago: “If you have enough money, will you choose the copy or the right one?” Most of them answer they would choose the right one. “The economic base determines the superstructure.” Max has said. I think it also situate to the IP protection.
IP protection is the complex, abiding, and concerned. Each person in China has the responsibility to protect the Intellectual Property.
Maybe,Chinese laws are not very perfect,but they are not the problem, the problem is with enforcement of them. Because China is a big country and the effectiveness of its judiciary varies widely, primarily depending on the geographic location. So, I think, government in every part of China should punish those who violate the intellectual property of others,even when they are unintentional.Only this kind of tangible punish could educate our people that theft of untangible thoughts and ideas is also a serious criminal.On the other hand,education is also a important solution. Actually, I have never learned some knowledge of IP protection before entering this university.And most of us in China don’t know that downloading something on web site means stealing other’s intellectual property.We are unintentional. Hence,education and popularization on IP protection is a must.It is necessary to Convey this kind of knowledge constantly on our campus ,and strengthen students’ awareness of it.Maybe, our generation,the next generation could change our current situation.
China is a developing country, and there are some problems in the intellectual property protection. Although a series of comprehensive and up-to-date laws were enacted. However, this is not enough. Intellectual property protection only depends on the promulgation of national policies, it is not feasible. We should let more people understand and learn from these laws. Make them aware of what can be done to ensure that their intellectual property rights are better protected. Example, patent applications, registered trademarks, and so on. On the other hand, treatment of infringement of intellectual property rights, we should crack down on.
Intellectual property protection is a serious affair in China, it has been ignored for a long time. But with the developing of Chinese economy, especially since China had joined WTO, IP protection should attract much more attention.
To better protect IP, we should:
1.Educate people to know the importance of IP protection. China losses billions of money due to the ignorance of IP protection, also our Chinese people should respect other’s intellectual property.
2.IP protection should be legislated, people who violate the rules of law must be punished.
3.Encouraging innovation, respecting intellectual property. Only intellectual property has been protected, there are more innovations, and our country will develop much faster.
Nowadays, with the development of the economy, intellectual property protection has becoming an increasingly serious problem, especially after China’s accession to the World Trade Organization. We are facing great pressure and challenge, in order to create a healthy environment, I believe we should take the following measures:
As is known to all, laws play a vital role in the protection of IP. Truly speaking, for many reasons , the law system in China is not so valid as that in some developed countries. To meet with international standards, relevant laws must be revised and strengthened. More importantly, they should be strictly carried out.
Besides that, since intellectual property is intangible, sometimes we may harm the interests of others without noticing it., so it’s high time we took active and effective measures to solve this problem. We can use media—such as newspapers, magazines, TV—to let people know their rights and duties. Of course, we shouldn’t expect to be succeeding in a short time; this is a long—term project.
In addition, as citizens of China, we should develop our consciousness of IP protection, the most important thing is everyone’s participation, we should all take the responsibility for the advancement of our country.
I think there are many things we can do to protect the intellectual property(IP).
Firstly,to the virtual world the government should control the website who can’t offer IP to their customers for free.If they do this,they should be punished.If it is found to happen again,they should be close.Maybe this is huge ang hard work to do,but I think they can accomplish it step by step.
Secondly,to the realistic world,there are many people selling pirated DVD,books or other things which steal others’ IP.why do so many people buy the pirated copy?I think because of the cheaper prices and same use.If the licit books or DVD can be selled more cheaper,I’m sure people will buy it,don’t buy the pirated ones.To the other way,I think if the government make the poeples’ life more better and let them to have more money,it will have a better result.
Thirdly,more importantly.we must change peoples’mind who think that steal IP is not a stealer.If you say I download a song for free,it is very normal.You do that thing which make clear that you don’t respect others.I think most of us lose their respect.How can we get it? I think it need all of our sociaty power.It is a long way to go!
Eduction and perfect laws are also important and people who own the IP need to protect their IP cautiously!
I have downloaded lots of movies, musics and other materials from the internet for free so many years, and I have never realized that is illegal. Well, yesterday I had been told to be a totally thief. What a bitter truth!
Actually, our government has formulated and finetuned various laws and regulations on intellectual property protection, thereby constructing a socialist legal system for intellectual property. Still, the intellectual property rights protection system has only comparatively recently been introduced in China, and some portion of the population has a rather incomplete understanding of intellectual property rights.
But no matter how unacceptable I am, the truth is we almost know nothing about the IPR. What’s more, this phenomenon is not confined to individuals. I think that is one of the most important problems for Intellectual Property protection in our country. As you can see, if we do not know what is legal and what is illegal, how can we respect the law.
Therefor, how can we really understand the law and enhance our awareness of the IPR are still crying out for solutions. Well, I think education is the basic way to solve these problems. However, it is not a easy work, and we still have lots of work to do. It will be a long and hard process, but better late than never.
Though Chinese government has legislated laws that generally adhere to international standards to protect intellectual property, there are still many problems in IP protection. Weak implementing regulation and judicial interpretations, procedural barriers and poor enforcement are the main reasons for the bad IP protection situation in China.
There are some things need to do to solve this problem:
Education must come first, we must make people be aware of importance of IP protection and the vicious consequence without IP protection. In view of lacking of talented person in IP protection, university and some training organizations should train professionals for the country.
some laws should be modified,because some legal regulations are hard to implement and have some loopholes.
The most important things is we should put more energy into creating, designing,inventing instead of imitating. If there is a climate of innovation
in our society, there will be much easier to IP protection. Of cause, IP protection will be helpful in forming this climate, it is a virtuous circle.
With the rapid development of the economy in China, we still have a lot to do, a long way to go on the Intellectual Property protection.
Firstly, we should complete our law perfect so fast as we can that there are no loopholes people can go through. Because the law is effectual to protect the creators’ interests and punish those people who violate other’s rights. We can have the desired effect immediately.
Secondly, the best protection of IP is through education, just as Professor Wolff said. It is the most important for the development of our country. Even though we have the perfect law, there are still some persons to encroachment of other’s rights secretly. We can open a course for the public, especially for the students from middle-school to college, and then we can promote the knowledge of IP protection.
With the socio-economic progress, China has entered the era of knowledge economy, intellectual property protection is very important. However, the protection of intellectual property is not enough. As a consultant, I would like to improve the status of IPR protection in China as follows:
1. establish a sound legal system, so intellectual property protection can be achieved through the law.
2. enhance the awareness for IPR protection, especially in school education, making the next generation of Chinese people can complete the establishment of IPR protection awareness.
3. Enhance efforts to crack down on intellectual property violations, allowing them to be afraid.
4.draw on other countries in the protection of intellectual property experience.
I think these is no the best IP protection way.It’s believed by most philosophers that the law was lag behind the reality forever.
So I think the most crucial thing for the Chinese government is to improve the awareness of all citizen to the IP protection not to make a law.
The Chinese government should use of state propaganda machine continued to publicize the need to protect IP.Just we know, the Communist Party of China is always good at publicity.
The generation of every Intellectual Property need spent a lot of efforts.If IP was’t protected properly,there will no body want to pay effort to it.So protect IP is a important thing to the coutry and CCP.There have some advices for protect the IP.
At the first, we should undertand the situation of china.As is kown to all ,china have almost 1.3 billion people so that is hard to carry out a protect law effctive. Maybe,to enlarge publicity,CCP can use book, TV,advertisment and so on.Secondly,more reasonable and effctive laws should be intoduced to the people .Afer they understood and accepted the law,put the law to practise is more easy.Do not forget improve the moral leve of the citizen. At last , it is better for the courtry to buy some some useful resources and then provide it to the public.
I believe that following the developing of china ,in the furture , our coutry will have a more and more better situation to IP owner.
Intellecul property originated from Medieval Europe and was introduced to China in recent decades.So its history in China is short and its root here is not stable. IP is only concerned by few persons.IP relates to everybody’s daily life,but nobody realize this fact.And I think the first urgent step is to show us we live closely with IP and make the view of intellcture property protection filter into people’s minds.Make IP protection in our minds become common sense.Educate people with IP knowledge is a best way,but it’s theoretical .We also have some concrete things to do.
Specitically speaking,when we buy a book,you should let us know how to publish a book and in this progress it involves IP,maybe a statement in the headpage is enough;when we download something you should let us know who uphold it and who are authorized to download it and so on.Then the education of IP will work most effectively.
I don’t think it is easy to solve this problem. We all know that china have a population of 1.3 billion and many of them are illiterate. They don’t realize the seriousness of the IP. In my opinion, the best way is education, which is the fundamental key to change. But the university doesn’t pay attention to the IP. In fact, university should play the most important role in IP. The government should give more pressure to the university. At the same time, the country should make law to protect intellect and ensure that it’s implemented very well. Sometimes, enforcement action is necessary. Our government can deal with crime through enforcement action well. It ‘s the same that we can settle the problem of IP through it. We can’t hope that we can solve the problem over night. Maybe, we can have a good condition of IP through the effort of several generations.
As far as I am concerned, minority of people in China know that the IP protection laws are available and still working. That’s not the ones’ fault, whose name was on the legislation list, but the fault of the educators. Many things should be done, the education comes first.
Teachers in the schools should give students more information of the countermeasures against piracy and plagiarism; make them know the consequence if someone steals other’s intellectual property.
Punishment should be utilized for those who download pirate movies and songs frequently and even have no idea of turning back. As to those who sell these pirates, proper punishment should cause them no longer running this kind of trade again.
Of course, lower price and speed publishing sworn by the publishers will show the bright way to accelerate the progress in change.
From now on, for a fair environment, intellectual property should be considered seriously in every Chinese people’s mind.
IP protection is not a new issue in China, but the effort is still inconsiderable. There are many reasons for current situation in our developing country. First of all, most of us didn’t realize when we copy the book or download movies or songs we are steal the authors ideas. Just like our teacher said everything belong to CCP in the Socialist Economic System, we don’t need ask promising from our government to copy everything. Secondly, our legal system is not consummate, there are many loopholes so many people risk seeking high profit to do what the lows or regulations not clearly defined. Moreover, there are too many copy machines and lots of recourses on the web we can download for free.
Immediately actions should be taken to amend this condition. The significant thing our government should to do is teach every person of Chinese laws and regulations to improve their consciousness that steal others ideas just like steal goods in shops. Anther thing our CCP should is perfecting the laws and making everything clear and understandable, when anyone offend the laws, there is no excuse to avoid severely punishment. Our post graduated students should to do is don’t buy any pirate edition of books and DVDs at any time and persuade our friends and family members not do it. In addition, the movie makers and singers may ask us little money when we download the movies and songs.
In China, it is very important for the government to carry out the IP protection. Because the phenomena of privacy in China is very serious, which will bring great losses to our country and people. In my opinion, in order to protect the intellectual properties the government of China can do the following things: Firstly, teachers should teach the students about the importance of IP protection and how to protect, for education is the fundamental key to change people’s idea and attitude. Secondly, the government must draw up some strict laws against those who violate intellectual property of others , and severely punished them. Thirdly, using TV or newspaper to give publicity to people, in order to let people know the importance of intellectual property protection .
It’s not easy to solve the lacking of IP Protection problem. The ideas of intellectual property rights are new for the Chinese people. For thousands of years, we think that the ideas belong to Chinese government, or every Chinese people. So there are many pirates who don’t know they are wrong.
I agree that best IP Protection is through education. But in my opinion, it should begin at one’s childhood. The IP protection should be talked in the kindergarten, primary school and middle school. A boy or girl can accept a new idea like IP Protection more quickly than an adult. When you tell a kid that downloading a free song from Internet is wrong, he may be not understand now, but he will never do it once he knows the reason. But if you tell the same thing to an adult who has do it for a thousand times, he may be understand now and find hundreds excuses to do it again.
Of course, it’s important to keep talking about the IP problem in university and in everywhere of the country. Twelve years ago, people couldn’t understand that why should one get on a bus from the frond door and get off the bus from the back door. Nowadays, almost everyone will do so. We know that more and more college students accept that the IP Protection is very important although many of them don’t realize that some of their behavior is infringing the IP. Keep telling them so, things will be changed step by step.
So my idea is that:
1. Show some pictures about the IP Protection to the children who still in the kindergarten.
2. Writing some article about the IP Protection and put them into the textbooks of the primary school and middle school.
3. Make sure people know that infringing the IP will be published.
How to protect the intellectual property in China? It is obvious not an easy task. We know that our government had pay attention to protect IP since The People’s Republic of China Trademark Law born in 1982.Especially in the accession to the WTO, intellectual property law has been greatly improved. We did the IP protect more than 20 years. But the effect is not very satisfactory, the piracy CD and books can see everywhere,and nearly everyone of us download songs and movies without paying, litigation relating to intellectual property have taken place often.
What we should do? It attest to we should do more rather than just establish more and perfect law.
The first and most important is to promote the level of legal consciousness. we can see that many people taken for granted buy the piracy CD and books and download the source from the net.they don’t think they infringe the IP for they have no idea about IP. They do just because it convenient and cheap. A way through education and advocacy to raise the consciousness is urgent.
The second and necessary is raise the living standards. The reason why there are so many people choice the piracy is that people are still not rich enough.
The third and compensatory is to intensify the crackdown. It is necessary to severely punish illegal and criminal actions, the perfect legal monitoring systems should be build.
In my opinion, education is the first solution. We are not inclined to steal books from bookstore because the parents told us, when we were kids, that is wrong, that is full of shame and the person should be punished. We feel it normal, however, that we take a photocopy of a useful book without the permission of the author or publisher. Why? The reason is we do not know that is also a kind of theft or we still do not realize that. If we are taught what is right concerning the IP, perhaps we are gradually able to doing right things when facing the Intellectual property problems. Only in this way, can the IP, no matter ours or others’, be protected effectively. And then when we are the parents of the next generation, we can educate them that making an illegal photocopy of a book is wrong just like our parents told us stealing things from market is wrong. It should be a long walk to go, however, if we really perform good education on the IP protection, the future will better sooner or later.
It is true that education is able to work. However, it is not the only method. We still should have specific laws and punishments to enforce people to obey to the moral and legal obligation.
In summary, only when the combination of the education and legal punishment exits can the IP protection goes smoothly.