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 ↩
As an advisor,I think about some ways to slove the IP Protection problem.
Fistly,put the IP Prtection into our economic law,but the most important is how to improve persons’awrerness of the law.I consider that both education and strict publishment are needed.We should realize that there is a long way to go.
Secondly, our goverment should take firm action to illegal websites which entice persons to against the law.
Thirdly,our government shoud also set many free legal websites especially for the poor.If not,the problem is never easy to sovle it.
In a word ,we have to say that it is a big problem.China has the most people in the world.And we are developing country.If a person does illegally everything in the internet,but has to pay everything what he wants.It is still a problem.Our gonverment ,indeed,should share more
network resource with our people.
I have mainly several ideas about the intellectual property protection in the following
points: 1. The Government must develop the intellectual property protection laws.
2. the government should strengthen to make intellectual property protection publicity.
3 the piracy and illegal activities about the intellectual property must be fight agaist.
There is no doubt that the government should carry out the IP protection law, but it will take some time to perfect it. So, firstly, we should make the public realise the necessity of IP protection by various of cateens, such as the education of students or company staff, and the ways of media. The final goal is to make IP protection moral rules, not only restricted by laws. I really think that with sufficient IP protection，the staff will be inspirited to create more valuable ideas.
IP stealing is really a serious problem in China, because almost every Chinese, who has a computer connected to the internet, has ever downloaded free songs and movies on P2P website. If free downloading is regarded as a crime by laws, then millions of Chinese have to be put into prison. Even worse, few of us think that free downloading is wrong. In my opinion, the best way to solve this problem is education. We must make our people, especially our children, realize that intellective property is also a kind of private property and should be respective and protected. Then they should learn what they do in regular life is IP stealing. If this measure is taken into practice, the situation will be improved.
I think the best way to strengthen the IP protection in China is to through the law. And it’s not simply making a law about IP protecion, but also a serious actions attached. IP crimes are hard to be identified, for the concept of the word idea is abstract. We must have a serious of details identifying different actions whether it’s a IP crime or not. And we must have the methods to stop a IP crime. As we already have a IP protecion law, we shall further perfect it, make it more specific and carry it out with more possitive actions.
The problem of intellectual property protection in china is a historical problem. It’s impractical for us to change this situation overnight. In my opinion, there are several steps we need to carry out in order to solve this problem. First of all, we should inculcate the people with a sense of respecting others’ intellectual. It is necessary to inspire the consciousness of building an intellectual property protection system into our citizens from childhood. We may set up some relevant courses about IP protection in primary school. Only by this way can we form a good habit of protecting others’ IP. Then we should increase the promotion input of IP protection. The specific legal regulations should be widely spread across the country. Use the public media to transmit the certain idea. We have to let the people accept it gradually. And building an effective environment is very important. Enacting principle, popularizing legality concept, and putting this into legal system are needed. In a word, it will be a difficult task.
I agree with this article. We should not increase IP enforcement actions only. The point is we should transform the thinking and attitude towards IP ownership and protection. Firstly it is important to let people know the definition of IP. Once the concept of IP is known by everyone, they may feel guilty to the behavior such as copying books in bookstore. Once the concept of IP is accepted by everyone, they will be respect to IP and criticize others if others do such stealing. Secondly teaching the people how to protect their IP may be a wise choice. Through these two ways, subjectively people realize the necessity to protect their IP and do not violate others; objectively they know the way to protect their IP. These may solve the IP protection problem.
Through the scene that 70% of softwares lying on computer market are pirates,we can see the serious problem of IP protection in China.
It’s not only the result that our country does not popularize the education of IP protection.Most users and sellers of pirates know the Law of IP Protection.But the same as a driver ,has learned the Traffic Act, crosses the road when the traffic light is red because of no surveillance camera.Devoid of strong supervision and serious punishment,the IP Protection couldn’t be implemented well.
In addition to publicizing the IP Protection,the government should strengthen law enforcement to protect and respect the IP.
Fisht of all I must admit that China is a delevoping country, and there are lots of incomplete things in China. For example, the IP protection ,the law system and the education system.But I believe we can complete them.
As an advisor, I will advise that we should pay attention to education. Let people notice the importance of the IP protection,notice that intellectual property is their treasure, is their the fruit of labor. I think people will know how to protect themselves.
Then it is necessary to establish the law system. The law can sustain us to resist violating our intellectual property.
Beside that we should publicize the law of IP protection.Let everyone know the law for intellectual property . And tell to everyone that we can use law to defend.
In my opinion, intellectual property protection is very important not only for individual but also for the society.But so many people in China do not know what is intellectual property. So it is necessary to take steps to solve the serious problem.
1、To teach the people know that what’s IP, and stealing IP amounts to stealing tangible things, and this behavior will be punished.
2、Consensus of respecting Intellectual Property and labor fruits of other people must be primarily reached by the public.
3、To strengthen the enforcement of the IP Protection Law.
By above ways, I think the IP can be protected effectively.
IP protection is not only important for individual but also for the country and socirty. however, many peoper in China do not konw IP protection. This is a serious problem. As an advisor, I have some ideas to protect intellectual propertity:
1、Publicize IP protection on TV, broadcast and the Internet, let people know what IP protection is and tell them why they should know about that.
2、develope the law for IP protection, which is the most effective and rapid method to improve the bad situation of IP protection in China.
3、Educate the student in China and let them konw what IP protection is and what for. because the students are the future of our country.
Yes，it’s a shame for us to a appropriation without for free. Now,our nation is a world ruled by the law.So we should amend the law to follow the situation.
Firstly,we should shut down the illeagl publishers,websites,press,etc.From that ,we can greatly decrease the appropriaton.
Second,and the foremost,we should eduate everyone with the law o IP.That the root.
Thirdly,improve the punishment department.If you break the law,you will be strickly punished.
In these days I am thinking why Chinese ignored IP so widely. Now I will pose some of my ideas.
Firstly, the conception”IP PROTECTION” is created in west. Although this is not the primary and main reason, I think it really make some differences. Just like the traditional Chinese medical science is taken as witch medicine by western, Chinese need some time to accept west notions.
Secondly, China experienced a long long Feudal Age, so that Chinese had nothing truly belong to oneself because everything was owned by king. May I ask how could the people who live in the nation without a good tradition of protectting private property can protect IP well? In such a long period, Chinese knew how to get from the public and others only. This is because royal power in China history was so powerful that it could take anything from any national. Besides, people were owned by king——what can you have when you are some other’s property? Not to mention the protecttion of property, ideas, intelligence and so on.
So, when we discuss the improving IP protection in China, we have to understand Chinese custom, Chinese history and Chinese way to think, this is the method” take actions that suit local circumstances” in philosophy.
Every object growing up are a process.China`s intellectual property begin several years ago.Now,it in a stage of grow up,It have many aspect not to perfect.Now,we should make the public realise the necessity of IP protection by various of cateens,and strengthen the enforcement of the IP Protection Law.China must build it well step by step.
To solve this problem, I think the most important is to make the concept of IP protection universal to us college students.
When it comes to a new social problem, we university student should be taught by the correct attitude and point of view firstly. Because we have experienced higher education, which made us a more positive view of the world, and what we act and think about the problem may affect other people, and represent the most people in the country. So in college education, we must form the conscious of IP protection as it is our obligation and duty, and then implement in our research or action, people will gradually accept this problem.
As far as I am concerned,the government should strengthen the supervision over law enforcement, give wide publicity to the IP protection laws and regulations to enhance the consciousness of the public organizations and citizens on the IP protection legal system.In the long run,receiving a good education of IP protection is extremely important.
In my view, the movement of IP Protection in China is just like the movement of stop spitting in public. So many people know that, spit in public is not good, but they just can’t stop doing it themselves.
And so many years has past, “Stop Spitting” is still only saying, what can we expect from something familiar?
Maybe the answer lies in the punishment. If the punishment can carry on but not only stay talking, everything will be different. It’s said that, in Beijing Road of Guangzhou, there are tens of volunteers on the street to chase someone who is littering. Once they caught someone is littering, they will let him or her to pick up the trash and put it into the garbage. And the street is more cleaning now. So my suggest is that, put more persons to watch the guys who steal the IP.
Absolutely, the best IP protection is through education more important than anything else. Then, problems come: could the education procedure smoothly with everything under IP protection?
Take the teaching material for example. Seriously, It’s not right to copy the whole textbook without paying any fee to the author. However, it seems that without these materials, technology developing in China will slow down, in some case. Maybe that is what Uncle Sam would love to see? Anyhow, things are not so bad! The copied textbook are not used commercially! Is this allowed by the copyright? Not even to say that, not every country have to use “knowlegde” of others.
What’s more, it might not be the social form of economy that decides whether IP protecion is well done. China is under a socialist market economy, not just either. IP protecion is now progressing much more well, although long way has to be on.
As everybody know China’s economy growing fast in recent years.The rapid development of China inevitably produce a lot of problems such as IP protection.Even in China, there are a lot of people do not know what the IP is.Therefore, firstly, we should universal IP education.Then more and more people will aware of the importance of IP in China.Secondly,We should carry out credit education to let people know it is wrong to steal IP and if someone steal IP the consequences of that will very serious such as been arrested or imprisoned.More importantly,China must improve the relevant laws which relat to IP protection.
It is beyond dispute that intellectual property violations are rampant. We can buy a pirated CD and also print the book which we borrow from the library. We also install pirated windows system because we can’t afford it. In seems that if we obey the IPR, we need pay much more money which is not necessary. We don’t realize our view is wrong and nobody tells us the behavior is illegal. What the IP protection bring to us? We don’t know clearly.
The urgent things we must to do is to change the myopic respective about IP protection. The best way is to enlighten people through education and to make people realize the IP protection can bring benefit to us. Maybe we can educate children when they are in primary school and help them establish a world-view about globalization. Except through education in school, the government also can propagate the ideal through media.
The intellectual property is the fruit of intellectual creative work.
It is also the personal wealth which should be protected. Protection of intellectual property can encourage people to create more knowledge and wealth. And it also can maintain a fair market order. So it is very important. However, many people lack of the awareness of IP protection. If I am the advisor to the CCP, It is my suggestions. First, we should enhanced awareness of the law of intellectual property right. We should know how to protect our intellectual property right, and respect the right of other people. Education will be an effective way.
Second, our government should take effective action to develop the law of intellectual property protection. And establish a comprehensive intellectual property protection agency
Third, the offenders should have a harsh punishment.
Intellecture property protection has become an increasing pressing issue in China. For the country, IP protection encourage people to creat new ideas, safeguard national security and promote national economic progress.If we protect personal intellectual Therefore our authority should make more relevant laws for this issue. For an indivial, IP protection proetect personal interests, and hence personal protective measures are the same important as the country’s protection laws such as making a copy and retain the original. For this reason our authority should advise his citizen to know the significance of IP protecion and creat an corresponding enviroment.
The importance of IP protection has been recognized by more and more Chinese people, but how to protect IP is a big question yet.As an advisor,firsty,I think nothing can be accomplished without norms or standards, so we should make laws. If someone break the law,he/she should receive serious pulishment,which can keep people from stealing others’ IP. What’s more, we should make people understand stealing IP is an inmoral thing.If all the people consider robbery as a crime, they will not take away others’IP.The last but not unimportant,all of us should form a good habit of IP protection, in that case, on one can steal our IP.
It is beyond dispute that intellectual property violations are rampant. We can buy a pirated CD and also print the book which we borrow from the library. We also install pirated windows system because we can’t afford it. In seems that if we obey the IPR, we need pay much more money which is not necessary. We don’t realize our view is wrong and nobody tells us the behavior is illegal. What the IP protection bring to us? We don’t know clearly.
The urgent things we must to do is to change the myopic respective about IP protection. The best way is to enlighten people through education and to make people realize the IP protection can bring benefit to us. Maybe we can educate children when they are in primary school and help them
establish a world-view about globalization. Except through education in school, the government also can propagate the ideal through media.
Intellectual property protection is a very important issue nowdays.Intellectual property rights are the exclusive rights to the people for their own intellectual and creative achievements and operation of tags,the credibility of the legally entitled.Intellectual property law refers to the ownership of intellectual property rights because of the adjustment,exercise,management and protection activities such as the social relations arising from the legal norms in general.
Intellectual property legislation in China started late,but rapid development has been established in line with international advanced standards of the legal system.
Chinese government has done so much to protect IP which is everyone should remember and respect. China is a huge and complicated and we everyone should understand. But we also should know that all of us done is not enough. There are still so many people stealing others’ property and this property is the authors’, no one can take them off by no permission. Our action should not stop until the pernicious social currents stop.
People all of the society should stand together to fight the piracy and patent infringements; the government also should enact a correlative law to beat pirates; and we should keep the law. Our country will be more developed if we protect peoples right as much as possible.
Canadian in Jiangsu province
This article is an interesting read, Martin. This is a difficult issue at best; perhaps even an uneasy one to discuss without raising passions (But it gets people thinking, doesn’t it?).
An experienced lawyer understands legal language far better than most regular people, strangely although it’s the only language that is actually as plain as day. People are accustomed to being told that everything is smoke and mirrors, so there MUST be some sort of trickery in the wording. When people say “read the fine print” in reference to a contract, it’s because a legal contract is so truthful, only fine print that you might otherwise ignore is something you can get away with.
My understanding of law is limited, so I will offer an amoral standpoint.
I think most of us or all of us have turned a blind eye more than once to copyright infringement. It’s simply difficult, maybe even impossible for anyone who doesn’t own intellectual property to respect the value of it. For the common western man, copyright is sticky enough. When someone knows they’re breaking the law and there’s no consequence, there’s a green light telling them to continue doing so.
Are mom and pop video stores breaking copyright laws by renting out movies without permission? I never saw any permits, and I was never looking for one. Who’s blowing the whistle on these people and what is anyone going to do about it?
I would think that TiVo would drive businesses up the wall, because in its own way, it’s taking the cost out of the product by editing out commercial breaks. Imagine sitting through an episode of Heroes uninterupted by the people who sponsor it? That’s a dream to everyone EXCEPT the sponsors. Is this a violation of the law? Hard to say, but you can bet the big-wigs will figure out a way to make removal of commercials a crime. Until it’s a crime, it’s a moral flip-flop.
In China, copyright infringement is such a common occurence, it doesn’t even occur to anyone to be “wrong”, in moral terms. Not only is the legality of it not introduced to anyone in schools (as high up and as far back as a Dean’s education), but folks examine the practicality in personal dollars and cents. There are several examples of where copyright infringement is in full violation of the law, and someone can tell me if they have lived their lives clear of any incident:
Electronically: Watching YouKu videos, downloading music, etc. This is a habit many people have picked up because sometimes the media we want to access is not conveniently accessible by any other means. Others don’t have the money to acquire the goods. They look at the lush packaging as the most expensive portion of a store-bought CD, and decide not to pay for such frills.
This is of course an excuse that any American judge would laugh at, because it’s still unmistakably breaking the law, but it sits well with anyone not in trouble for having broken this particular law. Also, “in whole or in part” somehow doesn’t explain the in careful enough detail for the comfort of those who want to make a fan-based video for YouTube.
Commercially: You can see Mickey Mouse on everything in China. Walt Disney himself would turn over in his refrigerator. Storefronts will play movies with epic scope in public to demonstrate how luxurious their TV screens are. That’s infringement, is it not?
Scholastically: Sharing books and outright plagiarism (not discouraged in China). This is the point to get to because it involves anyone who ever published a book in China (western publishers need not worry because English books are not often in demand), not the least of which is Martin himself. It’s not clear to anyone that they are placing a drain on anyone’s pocketbook. Sometimes, it’s a passive crime in the eyes of some while it’s a damaging violation in the eyes of others. The only people protecting the intellectual property are the owners themselves, in most cases. I am hard-pressed to think of a way to resolve it. It’s an ugly dilemma in any case, and there is no quick fix for it.
Your reply to the Dean might be: “I expect you to uphold the law and set an example, because it’s your responsibility.”
Whatever else you would do beyond that point is a total mystery to me, Martin. I hope you make it clear to anyone under your umbrella that it’s intolerable before they start doing business with the wrong people abroad.
It is no doubt that IP protection is essential. Nowadays, IP protection is in a horrible situation in China. In my point, there are three ways to solve the problem.
1.People in China have to know that IP is the fortune. We already knew that was illegal to steal real things and would be punished. But we just cannot accept that some thoughts, ideas are valuable and belongs to somebody. And we cannot use them without any permission. Thus 1.3 billion of Chinese people have to be taught about that.
2.Universities have to teach, not just preach. The situation in universities in China is ridiculous. On one hand, universities are telling the students to protect IP. On the other hand, the universities do not provide students with any textbook and let them to make copies. That should be changed.
3.Copyright law must be carried out immediately. As we knew, China government has set a copyright law without carried it out. People in China are easy to download music, films, computer software by using the internet. And few people had been suit for their piracy.
The road ahead well be long, our climb will be steep. We should our best to fight for the IP protect and the future of China.
As the information communication is very convenient and upgrowth,IP protection takes an important place in nowaday.First,I think it neccessary for us to build up a strong awares of protecting the products which belong to us,just like that we put the worthy thing in drawer with a lock.Second,better not tell others the keypoint of our wonderful ideas casually,preserving them.
Intellectual property protection has recently become a hot topic in China, as numerous Chinese industrial executives, legal scholars, and government officials have begun to collaborate on how to strengthen the country’s IP protection.
I’d like to share some of my views on the bussiness field. Firstly,the goverment should try hard to improve upon the governance of the legislative, administrative and enforcement systems in order to make the existing laws more effective in stimulating innovation and protecting IP. On the other side,for those who are ready to bring up an inovative idea or unique product,register your trademarks early.And bury in mind that you will need to vigorously defend your rights from the very start in order to prevent this, establishes wide framework for enhancing IP protection, enforcement and public awareness.
In brief,a joint effort from both government and bussiness will more effectively lead to a better intellectual property rights system.
Intellectual Property Protection is a hard task in China. For five thousand years the Chinese have had no concept of private intellectual property rights. That is the most important thing.So I think that the best way is to educate our young generations some laws of IP protection.If our young generations have a concept of private intellectual property right,they know that it is wrong when copy a book without payment,they know that it is wrong to dowm music or moive without payments.Our generations also have conscious to protect IP.In Universities,teachers should ban student to copy a book without a pay and teach them that is wrong.Otherwise,China goverment should protect forign IP.
Our government, and CCP, are seeking the balance on IP protection and citizen’s profits, in my opinion, IP protection in China now is a dilemma, take this situation as a case, as mentioned in “BEST IP PROTECTION”, best IP protection is through education, not more enforcement actions, so the government promote education, then they facing a puzzle, the students can’t afford the origin foreign books, even the civil books. if they are lacking of materials for education, the advancement of this country will be retarded, if book-copy is allowed, then IP protection laws will be violated, it is a hard choice! So, pay more patience, give more time, promote education further, and it will get better. It is our faith.
I think China will not change the situation of IP protection until its economy developed to a much higher state.We all want to pursuit profits with least efforts,and this is what chinese goverment think as to the IP protection.Right now the goverment cannot see how much lose had they suffer from ignorant of the importance of IP protection.Only when they woke up one day should there be the process of IP protection.
It is crucial to protect your intellectual property .Since joining in the WTO,China has strengthened its legal framework and amended its IPR and related laws and regulations to comply with the WTO agreement on Traded-Related Aspect of Intellectual Property Right.Of course,the law that protects IP is necessary. Establish specific laws and punishments to enforce people to obey to the moral and legal obligation. However,in my opinion,people is central and law is not everything.If everybody has the legal consciousness of IP protection,I think the situation will be greatly improved.So the education of IP protection is urgent in China.
IP protection is more and more important in modern society, especially for China which is entering the world economy. But pityingly, the most of Chinese, even some professors in the famous university, have no sense of IP. How to solve it? First of all, the education of IP protection should be emphasized in China. Only when people have the sense of IP rights, we can protect them. Secondly, complete laws for IP rights should be established. Most of all, the government should execute the law stringently. As we know, some laws about IP rights have been established, but the government doesn’t pay enough attention to execute them pityingly.
Intellectual Property protection is a perpetual topic both in developed countries and developing countries. As a fastest growing economy, China has been dedicating to make it better to meet the requirments of WTO for years. We still need to do more to protect IP, especially in the age of information. A lot of effective measures should be put into practice, including strict protection laws, government propaganda guided, civic consciousness, public anticipation and education.
I know quite well that we should respect other’s work, one way to show our respect is to pay for the work when we enjoy the work. However, it is always the case that known is one thing and done is another thing. Sometimes I told myself when I downloaded music or movies on the website that I was not use the sources as a business use, it was just a kind of share among friends. Sometimes when I copied books I told myself that it was just because I was lack of money, poor people also had the rights to learn. Nowadays we have the law to do the IP protection, but not everyone follow it. I think there are two ways to change it. First we should alter people’s points thoroughly and make people know the importance of IP protection. Second we may establish more strict laws on IP protection.
Now the government has had took measures to solute the problem, but since the problem is so difficult, the solution is complex. The most important is how to improve people’s awareness of the law, in my opinion .I consider education and strict punishment are needed. Put the infringement right, the government should take firm action to carry out the law. And start the surveillance in the nationwide, the government should let the poor have access to the law. I believe it will work well soon.
There may be a long way to go for the IP protections in China. Most Chinese people pay little attention even no concept about the IP protections such as copyright. Piracy phenomenon on books, software and DVDs and so on is seen commonly and even welcome in some places. Why? I think the price should be the issue problem. It is too cheap to buy a piracy product. It is reported that In China there are over 90% of people using piracy Microsoft system although Vietnam may be worse, over 99%. The newest system Windows7 of Microsoft Corporation is brought out in October, but I find that the piracy is acceptable one or two days later on Internet. It is rather amazing and you needn’t even pay for it although it is said that now the legal windows7 system cost 2460 RMB. I support the IP protection because to write a book or software program is rather not easy and should consume plenty of time and needs the endeavor of lots of people and cost high expense. However we can get them with little price and I think there is no distinction between illegal and legal. In the long run I think bad influence will emerge in the development of the companies in our countries. This problem should be considered by people. Piracy can’t last long and it just benefits us for the time being. One day when we have our own products we will eat the bad eggs we create.
I think what the article said is right , best IP protection is through education not more enforcement action. The person won’t offend laws not because he afraid of punishment but the education himself or herself received.
In China, IP is always break .The reason is that the cost to develop new products. If you just produce the pirate products, you will earn much. As we all know, the aftereffects are terrible. It will prevent our society making more progress , and even back. So our country must educate people this, and appeal them to obey the copyright laws ,with the purpose of the development of our future.
With the progress of the times, the development of science. Alone with the internet developing, IP sector become more advances. And IP protection is more and more important in our modern society, especially for China. So there is no doubt that the government should carry out the IP protection law, but it will take some time to perfect it, it is still a long way to go. Such as the education of students or company staffs. The final goal is to make IP protection moral rules, not only restricted by laws. It is also need people to realize the phenomena of IP violation is so serious, and learn to protect IP.
As we all know, the situation of IP Protection in china was rampant a few years ago and some people even didn’t heard of it before.
Nowadays,IP Protection is getting more and more attention.The name of it can be heard almost everyday in our daily life.People begin to know what their rights are and how to fight for them when affended.
The trespassers of laws are punished more severely than before.And the legislaiton have been enhanced by the government.Not only because the government has receiving viarious pressures from abroad but because the government starts to realize maybe the poor situation of IP protection is just one reason which explains why the mainland of China don’t have a single Nobel Prize winner hitherto.
But as the awareness have been greatly improved,I believe the future will be better and better.
Both developing countries and developed countries need an IP system in their economic development to encourage and protect innovations. Strengthening IP protection needs to enhance the awareness and level of IP protection around the globe. Therefore, improving IP training and education has become the direction in which the whole world should direct their efforts.China needs the same effort.
It is well know that paying for one’s work when we enjoy it is one of the best ways to express our respect. Intellectual Property protection is the efficient way to confirm this. Therefore, intellectual Property protection is a perpetual topic both in developed countries and developing countries. Especially, our country should pay more attention to it. I think we can do it from two points as following.
First, we can enhance the publicity to upgrade people’s IP consciousness.
Secondly, our government should take efficient action to develop the law of IP protection. And the offenders will be punished a little harder appropriately.
As we take action together, I believe that the undeveloped awareness of IP protection can be changed step by step.
I am a postgraduate of Chemistry, from the first day I came to the lab, my teacher said to me “No plagiarize, no fake, it is the fundamental diathesis for a science researcher”
IP protection is very important, it protects the inventors’ enthusiasm, and it protects the development of a country. As mentioned in this article, a lot of Chinese have no concept of private intellectual property rights included a part of college students. I agreed with Martin’ opinion “Best IP protection is through education, not more enforcement actions” Students are the next generation in our society, many of them are scientists, teachers, businessmen, if the concept of IP protection is built, no enforcement is need in our society.
But now, we still need the enforcement actions, we also need to perfect the IP protection laws. Build the concept of IP protection is a long process, our society should work for it together.
The violation of intellectual property is a wide-spread phenomenon in China. We can find many pirated books, CDs, works on the market. Several reasons facilitate its existence. The first important one is the propelling of profiteering. Besides, consumers who incorrectly believe they benefit from pirated products often connive and even support pirates. These two main reasons, especially the latter one, lead to IP protection become a rather rough problem to deal with. Enforcement may effectively preclude the former but may be powerless to the latter. So education should be the better solution to this problem. Only through educating people in every walk and life to know the harmfulness and hatefulness of infrinegement, and all pull together, can we fundamentally take away the room for its survival.
In china, in order to build a harmonious society, every thing is covered with beautiful clothes by the government, including the normal activities which have no relationship with politics. So, it’s wonder that why we couldn’t get the youtube.com or the facebook.com or even the imageshack.us,etc. This topic is political sensitivity, Speaking with a trace of sarcasm, maybe the best way for IP Protection is to cut the wires and build a totally native net.
Class3
October 27th, 2009 at 4:52 pm ·
EDITORIAL NOTE:
THE FOLLOWING POST IS BASICALLY A QUOTE FROM WIKIPEDIA BUT CONTAINS NO QUOTATION MARKS AND THE ORIGINAL WORK IS NOT CITED. THIS IS PLAGIARISM, A FORM OF STEALING. WHEN YOU COPY SOMEONE ELSE’S WORK AND PASS IT OFF AS YOUR OWN, YOU ARE STEALING. PROFESSORS HAVE BEEN FIRED AND EVEN LOST THEIR DEGREE FOR DOING THIS. STUDENTS HAVE BEEN DENIED GRADUATION FOR DOING THIS. THIS IS A CRIME.
THE STUDENT’S NAME IS HIDDEN TO PROTECT THE STUDENT BUT LEARN FROM THIS.
Common types of Intellectual Property include copyrights, trademarks, patents, industrial design rights and trade secrets in some jurisdiction[1]. There is an case of Trade Secret Law in July 17,2009.Hu Shitai, the manager of Rio Tinto which is an Australian business company, was arrested for trade secret infringement. In this case, it not only involved two countries and two big companies, but also involved commercial bribe which has became latent rule in many trades. So it is become a potential danger in our business society, and will cause hemorrhage of state-owned property. If we want to prevent similar accidents, we should seek more effective solution. In my opinion, we can learn from American.
The Economic Espionage Act of 1996 makes the theft or misappropriation of a trade secret a federal crime, the offense involves commercial information.
This law contains two sections criminalizing two sorts of activity. The first section, criminalizes the misappropriation of trade secrets (including conspiracy to misappropriate trade secrets and the subsequent acquisition of such misappropriated trade secrets) with the knowledge or intent that the theft will benefit a foreign power. The second section, criminalizes the misappropriation of trade secrets related to or included in a product that is produced for or placed in interstate (including international) commerce, with the knowledge or intent that the misappropriation will injure the owner of the trade secret[2].
There are several special places of this act.Firstly, the trade secret includes thoughts and ideas, so few thing can not be involved in trade secret. Secondly, if anyone intended to steal trade secret even though failed, he would be prosecuted for stealing trade secret.Lastly, if anyone out of American violated the EEA, he would also be prosecuted.This will protect American-owned economy in every way[3].
More should learn from this Act. In the first please, American set out from the national security to protect trade secret, not only involved business interests. Secondly, they have large range to identify weather it violated the Act, so people in trade will thought again, and would cut square corners.Last but not least, those who disobey or violated would have a harsh punishment, more serious than in China.
China Moves to Prevent Academic Plagiarism
2009-03-19 22:14:43 Xinhua Web Editor: Xu Fei
Universities in China should have primary responsibility for academic plagiarism, the Ministry of Education said in a circular Thursday.
Universities should investigate and deal with plagiarism in accordance with the law, with the help of its academic committee, the circular said.
This circular was the first document to deal with academic plagiarism, said Xu Mei, spokeswoman with the ministry.
Cases of academic plagiarism have been frequent in recent years. On March 15, the elite Zhejiang University fired an associate professor who allegedly copied a former doctoral supervisor’s research results in eight of his theses and sent one paper to different journals for publication.
According to the circular, the punishment for plagiarists could involve warnings, dismissal or even legal charges.
Plagiarists’ research programs could also be suspended or terminated, they could lose their funding, or see awards and honors revoked.
Plagiarists will also be ineligible for financial support and academic awards for “a certain period,” said the notice.
Universities should handle plagiarism cases in a fair and open way and publish the results to the public.
The notice also ordered universities to set up workshops for teachers and students to improve their awareness of academic discipline.
“These measures are intended to build up a long-term prevention mechanism to keep the academic field ‘clean’,” said Xu.
It is well know that paying for one’s work when we enjoy it is one of the best ways to express our respect. Nowadays,IP Protection is getting more and more attention.The name of it can be heard almost everyday in our daily life.People begin to know what their rights are and how to fight for them when affended.
The reason is that the cost to develop new products. If you just produce the pirate products, you will earn much. As we all know, the aftereffects are terrible.
In Universities,teachers should ban student to copy a book without a pay and teach them that is wrong.Otherwise,China goverment should protect forign IP。