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Best IP Protection

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.

  1. Chen Chao (2001). China Amends Copyright Law, Retrieved from http://www.china.org.cn/english/2001/Nov/22246.htm
  2. 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
  3. 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
  4. China Daily (2004). Piracy still plagues China’s IT industry. Retrieved from http://english.people.com.cn/200406/30/eng20040630_148091.html
  5. American Chamber of Commerce (2004). White Paper – Intellectual Property Rights. Retrieved from http://www.amcham-china.org.cn/amcham/show/content.php?Id=332
  6. Asia-Pacific Council of American Chambers of Commerce (2005). Intellectual property Rights – Position Paper. Retrieved fromhttp://www.apcac.org/?id=47
  7. 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
  8. People’s Daily On Line (2005). Greater numbers speak Mandarin. Retrieved from http://english.people.com.cn/200412/27/eng20041227_168739.html
  9. People’s Daily On Line (2005). Illiteracy Rate Among Adult People in China Slashed http://english.people.com.cn/200412/27/eng20041227_168739.html
  10. China Education and Research Network. (2005). 75% of Chinese Universities Need Patent Application. Retrieved fromhttp://www.edu.cn/20050617/3141159.shtml
  11. Taipei Times (2004). India accedes to pressure over generic drugs. Retrieved from http://www.taipeitimes.com/News/worldbiz/archives/2004/12/27/2003216955

594 comments to Best IP Protection

  • ryan_class02

    Little words can be written in this article, as it’s obvious that people in China have no sense about IP protection, and stand in a line shouting at the one who take strict IP protection measures like Microsoft. Sometimes it is hard to distinguish the right side and have no choice in front of easy copying and little loss.

    Making dramatic changes seem impossible and cause other peoples’ aversion, doing no good to the IP protection, interfering the judgments between young people.

    So education comes first. And the government spare no responsibility in propagate IP protection law, and encourage people to be gradually suited to these laws. What’ more, the organizations should help people make sure what is wrong and what is right, arguing with persistent ones in public. these actions, in my opinion, will build the robust structure of IP protection.

  • lynette class02

    I’m so embarrassed to say that I have never thought that reading in a bookstore for free is a kind of theft. People tend to bring their children to Guangzhou Book Center to read books for the whole day, and this is reported by the mainstream media to show how teenager aspires after knowledge. It’s ironic that we have the most comprehensive and up-to-date Intellectual Property protection laws but people have no concept that taking IP without compensation is wrong. People should not be blamed for this because we don’t read IP protection laws in our daily life and the media has the huge influence on us. The concept about protecting IP needs to be wide spread. The government should educate people properly, for example, through the mainstream media.

  • Ivyclass5

    I had never thought it criminal that reading a book or a paper without payment until last time in Beijing. Last summer, when I walked along the road of Beijing book building, I saw a old man got up the book pages on the floor. I was shocked by the action, and walked towards him and asked him why. He smiled to me and said, “on the first page of this book is my paper.” I was so surprised that I suddenly recognized that every letter he wrote was his social value.

  • Sofia class 17

    It is a so common phenomenon in China. When I go to buy books and videos, I absolutely have no sense to differ the pirates from the genuine. Actually, I have no idea about which is genuine and which is piratical since most books and videos are piratical in the book shops. The pirates are cheap while the genuine are expensive. The price of the genuine may be triple or fourfold of the pirates, and even more. We are surrounding in the environment of pirates. So we can get what we want cheaply and simply. I feel deeply ashamed of this. Yes, it is time to change. We should protect IPR from action not just talking.

  • KAM@CLASS02

    Albeit there are so many pheonomenon seem that chinese are stealing other’s IP innocently ignorantly, I have to tell the truth that most of the people around me, including educated college students, know these behaviors are illegal. They keep on doing these, such as downloading songs and movies for free, and spending all day to read in the bookstore without buying any of the books, for the reason that they are not concious about the importance of ideas of others’. Meanwhile, they are not planning to pay for anything that they can obtain easily from everywhere. Obviously, the government doesn’t execute any legislated law to his citizens, don’t even mention that he doesn’t do any propagation about that. Nothing will be improved unless the citizens are aware of the seriousness of stealing others’ IP. And it’s time for the media and government to work.

  • Adam-Class4

    When you download a movie or song, do you realize you maybe break the Intellectual Property (IP) Protection laws. I don’t too. We think the IP protection is far away from us, but it always around of us. And here you could see the environment of IP protection is serious. While China has some of the most comprehensive and up-to-date Intellectual Property (IP) protection laws of any country in the modern world, we don’t know it at all. Why could be this phenomenon there.
    I think the main reason is that we don’t realize the importance of IP protection. And it is become a big problem along with our country joined into the WTO. You can see everywhere and everytime that other countries accuse us are against the IP protection laws. So it is a big problem which should we think about. I think the best way is not punishment but education. We should let our people realize that the IP protect is important to us no matter for our joining the WTO but also for our country’s future development.

  • Shirley2_class4

    I think Intellectual Property protection is a kind of respect to original composers. Maybe it called no enough attention in China. After network became more and more popular, we were so familiar with copy and download. However, every time we download a movie or video or copy a passage, we are against IP protection. We are showing disrespect to the original creator. No pains, no gains. Development and progress need originality. If the creative word can not earn equal respects and profits, creators’ confidence may be harmed. Then our society will have less and less valuable works. It is a serious consequence. So we should try our best to protect IP. But the customs may not be easily changed immediately. What we can do now is to publicize the importance of IP protection and further improve the protection laws. What is the most important, try to think IP protection when you want to download or copy things, and try to feel the anger and distress of the original composers.

  • Lucy Class O2

    Wow, I am really surprised after reading this article. It turns out that I was and am a thief. I used to go to bookstore to read new best-sellers. I download music and movies from the Internet without paying. I have the faintest idea of IP protection before reading this article! What a shame for a university student.
    Even I(represent a common university student) did not know much about IP protection, not to mention millions of illiterate people.
    So what should be done to change this situation? Big problem. I can not figure out a quick way to solve this problem. It takes time for people to change their mind and original concept about property. But time will change everything. As China gets more invovled in the global market, it will change people’s mind unconsciously.

  • nicolas-class01

    Today in China, our economic growth is in a high speed, our living standard is improved. However, there’s something we forgot, there’s something we have passed away, for example, Intellectual Property (IP). And I have several advices.
    For one thing, from the national level, it should be strengthened legislation ,enforcement, intellectual property protection system, and the protection of intellectual property personnel.
    And then, we should do something at education. education’s effect will emerge in a few years, or even more. But education must play a foundational role. We can educate the students in university, or make the IP protection be a required course. After few years, open IP protection course in high school and primary school.
    There’s no such a best way to protect our IP, there’s a long way to go. but I hope what we do will work in future.

  • Crystal class5

    Although China has Intellectual Property protection laws for many years, it seems far away from our daily life and few people know something about it. China has found for sixty years and great changes have taken place in it. But many things are still the same. Such as people’s attitude about marriage, work, and so on. There are still many laws that are not well know by us. They seem no use for us. But it not true. It’s just we haven’t have the concept to use them to protest us. We will slowly come to accept these laws and use them to protect our legitimate interests as the development of society and the level of people’s knowledge.

  • Lisa class5

    I agree that we should improve our laws about this and I hope more lawers can be professional enough so that people from all walks of life can consult the laws and can benefit from them.

  • Elaine class5

    I agree with you. It is a fact that we have weaker awareness of Intellectual Property protection. As for me, I was ashamed that I also had no concept that taking IP without compensation was wrong as the same as the most Chinese people. Most of us do not know about the knowledge about Intellectual Property protection not to mention the laws about it. Therefore, it is urgent to strengthen IP protection education to people. It needs collective efforts of all society, not only the government, schools but also everyone in the society. There is a long way to go for China to change the situation .

  • Bill class 5

    Although China has accessed to the WTO, the protection of intellectual property is received high degree of attention ,I believe that even now, many Chinese have no idea of intellectual property protection .Therefore, we Chinese suffer a lot of loss .such as many Chinese inventions are registered by foreigners ,especially in traditional Chinese medicine .I believe Chinese government pay great attention to the protection of intellectual property .And I have some suggestions .Firstly ,we should enhance the publicize and education of the protection of intellectual property .Secondly ,we should learn from the developed countries ,it can also reduce issues about the protection of intellectual property

  • Cabot class4

    Yes it is a problem in our society. We know our county is developing country, the law is not perfect. So when we entry the WTO, it is the challenge for our country, we know we should do more things than before. And we know the globalization and we should keep the same pace with international. At the first, we should build the law, and then we each of us should have the concept about IP.

  • vivian5

    We have to recognize that in China we don’t attach weight to intellectual property protection. Maybe it is connected with little innovation.
    However, I agree with Professor Martin’s words. It is awareness that we are lack of. So education is the best way to protect intellectual property. On the other side, if we just keep punishing, it will look like an old saying goes “take temporary solution not effect a permanent cure”.

  • ChelseaClass16

    Frankly speaking, I have never known that reading in a bookstore for free is a kind of theft. Before reading this article, my definition for infringing a copyright is just chip piracy. I think many people may have the same opinion with me. It is a reflection of our system. Although our government have promulgated the amendment to the Copyright Law to make it become the most comprehensive and up-to-date Intellectual Property (IP) protection laws in the world, the theft of intellectual property is still a common phenomenon. To change this situation, we should teach our citizens what is IP and how to protect it first. Only known this can we really do this work.

  • Brian class16

    In my opinion,it is not a kind of theft to read in the bookstore for free if you can.Maybe in foreign countries is another definition.For instance, in the school library we have the right to read for free,because as a student we have right to use school library’s resources. However I also agree it is important to pay more attention to the IP protection,especilly as a student,for someone often ignore it when they write the articles,and they will be punished!When we write some sentence in our papers,we must note the author or publication ;when we download something from the website,we’d better notice the right.But in another words,in China,there is no free lunch,so when you read in a bussiness bookstore you will be charged.Pay more attention maybe protect our own profits,so take care of it.

  • Amy Class 4

    As we all know that not everything is perfect!Our coutry is a developing country and our law system is inevitably defect!However,as our society’s development, everything will become more perfect including our law!

  • Dennis Class5

    In china,as we all know,the pirate products have been full of our life,such as CDs、books、softwares、electronic products and so on.In the near years,more and more pirate products were produced and sold. We called them “shanzhai” products,for examples,shanzhai cellphone,shanzhai lap-top computer etc.The phenomenon is especial in other countrys’ eyes.Why this happens so much only in china?In my view,firstly,the pirate products can make much profits ,because they won’t afford the IP costs. Secondly,some company‘s products is really expensive,they exceed the common Chinese purchasing power.Lastly,it is also the key point,as you said,the IP protection is a new concept to most of the people,they don’t know the importance of IP protection.So I totally agree with you, “Best IP Protection is Through Education, Not More Enforcement Actions”.

  • Kenny Class4

    In fact, until now, chinese people do not have a clear understanding of Intellectual Property protection. They are not clear about what kinds of phenomenons are stealing IP. In such a situation, it’s impossible to do well in IP protection in China I think. China is a devoloping country with 1.3 billion people whose average level of educational is not high. We still have a long lasting and difficult process to improve the psychological level of the whole country. What’s more, chinese people don’t have a high income today, but the genuine copies are much too expensive. In that case, it’s very easy to understand why they are choosing some much cheaper ways to get what they want.

  • Andy_Class17

    Intellectual property stealing it is really a severe problem of China. For decades, our enterprises try their best to provide as cheapest products as they could to satisfy people’s requirement. Several years ago, most enterprises and people had never heard about what Intellectual property is and not talking about understand it. Our people believe that if you can produce something , then they are yours, if you buy something and they are yours. There seens to be nothing wrong, because they pay for them.

    But nowadays, we realize we were wrong, because we know when we use others’ things we should pay for them. More and more enterprises and people began to pay more attentions to Intellectual property, because they find it can make money for them and they have to pay for it when they use other’s patent. Though the situation of Intellectual property in China is still bad, we should see that we are working hard to make better. It is not an easy thing to change anything in China. Intellectual property protection may still have a long way in China.

  • Ivyclass5

    Can’t believe that I l had lost the comment to this article when I checked my comments to every article. IP is so familiar concept that I have to say the one who can attack others’ IP must need a study on his mind not behavior. If people in our countries learn how to be a person with quality, they may not need a IP protection.

  • Grace class_17_

    Honestly speaking, I had no idea that reading books in bookstores without buying them is stealing until reading this article. It had been one kind of worth-praised action since I was able to read! Maybe there is something wrong with our education. Most people do not have a clear idea that what is right to do according to the Intellectual Property (IP) protection laws and what’s not. Definitely, we have to make some changes on the education of IP protection.

  • Lily5

    Before I reading the passage, I think IP Protection is far away from me. I don’t think I have encroached on others’ Intellectual Property (IP) .However, I’m wrong. Maybe when I wrote my paper of college graduation, I copied others’ papers and data and I didn’t supplied the source. That when I realised the problem is in my postgraduate study. All my teachers that if they want to cite others’ data or conclusion would give the origin. I think this is a religious attitude. So that on ,if I want to quote I also give the oriin and this is the result of my teachers’ conduct. Last year, some academic scandals discovered, which damaged our figure. So the law has been put effect, we should cimply and purify our acdemic environment.

  • Linda class5

    With the intellectual property rights in the world economy and the role of scientific and technological development has become increasingly prominent, more and more countries recognize that the key to the future of global competition is economic competition ,china is a developing courtry and don not pay enough attention to it ,we can see Pirated books and cds everywhere,even the acdemic cheating is not a rare thing in china, This is a lack of respect for knowledge to some extent,the IP is the propety of the creater,it it is not protected well,the creater may lose the passion for creating something new,which is harm to the scientfic in china”what is the most expensive thing in 21th centraies””the talent” please protect the IP.protect talent

  • Julee Class 5

    I don’t know that we read books before we pay for it in the bookstore is a lawbreaking.After I read this article and think of it seriously I know that it is true.A author spend much time and energetic in writing in one book,if all of us don’t pay for it and can read it,then what does the author can get? So I think our country should make some laws realize the IP.

  • Serena Class 4

    At first, I took the IP as Internet Protocol. I didn’t know much about “Intellectual Property”. And I never heard about the Intellectual Property protection laws before.
    I’m so embarrassed to admit that I always download the music and movie from Internet, buy the piratical DVDs from the packman, copy the entire books from library and read books for free in the bookshop. I knew it was wrong to steal tangible goods, but I had no concept that taking IP without compensation is wrong. After reading the article and the comments, I realize my action will cause serous economic and social harm. First, I open disrespect for the original creators. Second, I damaged our country’s popularity.
    The author in this article suggests we should accomplish the desired transformation of Chinese thinking and attitude towards IP ownership and protection by proper education, but not just by increasing IP enforcement actions. I couldn’t agree more with it. I think we should rely on mainly on education while making punishment subsidiary.

  • beck class6

    It’s well known that China pay less attention to IP protection than western country in the past. But as the social development and after China signed its WTO accession documents, China should take measures to protect private intellectual property rights. Promulgating some operative laws is the basic measures. But I think education is more important. Set up a concept of IP protection in people’s mind is the fundamental key and also the most difficult thing to achieve the goal. It’s beyond question that there is still along way to go.

  • Yes,It is very common that in china people know that it is wrong to steal tangible goods ,but they had no the concept of IP theft that taking IP without compensation.And It’s a very natural and normal thing we use other people’s ideas or language as , and it is just a common sense.But with the development of china, people began make the sense of it.And the protection of IP is on the way now.

  • Maggie class5

    Few would dispute that stealing tangible goods will involve to crime. However, we fail to recognize that reading in a bookstore or downloading songs or movies on a website for free will also cause the same trouble. One apt illustration of this point is that you can find so many people staying in a bookstore nealy a day to read books without paying. IP protection is a new notion for us. So under such situation punishment is not a good method. If punishment is to be of any value it must happened after peple accept the new notion and aware that such behavior do break the law. In short, education is must.

  • Katherine Class4

    Frankly speaking, we Chinese people may not have a clear picture of ID protection. Not until I read this article, did I realize that it is illegal to read the books in the bookstore without paying for it, or download the movie free. Although we have the related laws, we may not know them at all. There are two main reasons for this. On the one hand, the education of ID protection is not enough. On the other hand, the related laws are not put into practice. With the development of the society, I think the laws will become perfect.

  • Edison Class18

    Most Chinese people have little concept of IP protection. I don’t even know that reading books in a bookstore is a kind of theft. What I see is there are tables and chairs in the bookstores, so it seems to be an encouragement of reading books here. Many students’ textbooks are copied from others’. The softwares in our computers are downloaded from internet for free. We have been used to getting those things without compensation. To change the bad manner of a whole country is quite difficult, but we must keep on teaching people that Intellectual Property should be protected as well as tangible goods. I wish one day people in China will recognize the importance to protect IP and do it consciously.

  • Bob-Class17

    I agree that Best IP protection is through education, not more Enforcement Actions. But we can’t do the best thing. Making laws is just a method that can effect soon. It’s just a pledge. Yes, education is the best way, but it takes time. We can’t say “oh, now educate”, then done.

  • sunny Class4

    EDITOR’S NOTE:
    THIS STUDENT CLAIMS IF YOU CAN’T AFFORD TO PAY FOR SOMETHING YOU WANT, IT IS OK TO STEAL IT.
    OK – I WANT AN AIRPLANE!

    UNBELIEVABLE!

    We all know that many Chinese people have little sense about Intellectual Property (IP) protection, especially twenty years ago. And china have lost a lot benefit for that. We should strength our minds of the IP.
    But I cann’t agree with that one reading books in bookstore for free is a thief.I think that we can’t be able to by all the book we want to read,for it is too expensive.And it is not need too.For many books,we read for once is ok.This action even should be encouraged,and this can made people learn more knowledge from books.

  • Shirney Class7

    In my opinion, the most important thing is our country should make regular law about IP protection. Maybe it is a good approach to let everyone know the IP protection through education, but that isn’t enough. The best way is using the both two approaches. On the guiding of IP protection, the education may be better to play an important role in the people’s life.

  • Cindy class 4

    I have to admit that it’s a common phenomena in China that people always just read books and magzines in a bookstore rather than buying them to read. I guess it’s because most of the Chinese don’t realize that it’s a kind of stealing the writer’s intellectual property. As it is argued in the article, intangible thought and ideas in the books have no reality, it’s easy to be ignored that taking IP without any compensation is not appropriate. Although we have noticed that most of the foreign academic journals won’t be available online until a certain period of time after it was released, which we know this is for IP protection, it seems that we still haven’t take actions to adopt it into China. It’s true it requires a psychological revolution in China, so that we can accept the new but important idea and ensure everyone’s intellectual property safe.

  • christine class5

    China people know that it is wrong to steal real goods, but they don’t understand about IP theft whether or not to belong to steal. I think it belong to steal like book’s copyright including people’s ideas, even people’s privacy. However, although it is a commonsense, people make less pay attention to it in the development of China. Nowadays, I believe we should be conscious to protect IP.

  • Constance Class 4

    I have to say IP Protection is a big problem needed to solve in China. Education is one method to solve it. Chinese never feel guilty when they copy books, because they do not get such education that copying books is just like stealing things from others.
    But I think just education is not enough, because the prices of books and DVDs are too high for Chinese. In this situation, they sometimes have to steal IP from others.

  • Rose Class4

    After I finished reading this article, I felt shame. I always find something wrong with Intellectual Property (IP) protection in our country, but I can do nothing. Because the concept is a very important factor influences people’s thoughts. For example, we can compare the pirate book or CD with Genuine Book or CD, the differences between them as follows:
    First, we all know, the pirate book or CD is cheaper than Genuine Book or CD. In china, the majority of people are poor; certainly, they want to spend less money in getting what they want.
    Second, Intellectual Property (IP) protection conscious is not clear in their minds, so if we want to change this condition, we must let them know how important for us to protect Intellectual Property (IP).
    Finally, our government must take some measures to protect Intellectual Property (IP), such as some reward measures. Not only make some rules, and then, please put it into practice.

  • Davidclass4

    EDITOR’S NOTE:
    IF SOMEONE READS A NEW BOOK AND PUTS IT BACK ON THE SHELF IT IS A USED BOOK. THAT IS NOT GOOD FOR BUSINESS. THAT DOES NOT PAY ROYALTY TO AUTHOR. THAT IS IP THEFT.
    IF YOU WANT TO READ A BOOK FOR FREE, USE A LIBRARY.

    We all know that in China our law is not perfect like western countries. Many human right can not get protection from the law. In the Three Deer’ contaminated milk powder event the victims can not get protection from the law. Our government is more powerful than the law sometimes. But we also see the trend that our law is more and more perfect. Now many young people know that it is illegal to use pirate because the law protects Intellectual Property. But many older people do not realize the importance of Intellectual Property Protection. This is because of their education.
    I want to say the problem about reading books in a bookstore. In the article you think reading books in the bookstores without compensation also constitutes a theft. In fact in china no bookstore can or willing to do this. They are welcome people to read books in their bookstore. It is good for their business. This is just like a food store permit you to take a piece to have a try. Of cause it is absolutely for free. If you do not know the content in the books why should you buy them. If you do not know the taste of the food why you want buy it.
    I can say a joke. A man passed a food store. The owner of the food store stopped him suddenly. The owner said he should pay some money because he just smelled the food’s smell. The man was embarrassed. In that time a wisdom man stood out said I would pay for him. He just put out his money bag and make some sound to prove there were so many gold coins in the bag. The owner was very happy. When the owner put his hand to the wisdom man, he just said “I had paid for it. Because you heard the sound of my coins. You should pay for it. The price is the same as that man should pay.”
    I want to know whether in the U.S.A. we should pay for the smell of the food. Or else I need take a lot of coins in my wallet.

  • Jane class 17

    I think the protection of intekkectual property is very important. But in china many people still have no sense of the protection. As a chemistry student,I know the importance of intellectual property protection.when I still study in xiangtan university,one of our teacher,who teach us chemistry englis,often talk about his patent.he have one publication patent,and two applying.when he apply the patent,others use his patent must pay for it.some teachers said that somttimes the compounds has not been fully developed,but as long as there are new discoveries,they will be to apply for patents,so that the compound belongs to you,and others have to pay to use. In china,many people have no attention to this problem,even if they have a new discovery,until someone applied for a protection of property rights,they must pay for these things,they will have insight.

  • Helen class4

    It is a long and slow process to protect IP through education. IP protection is more and more popular in the new century, the internet give convenience as well as the illegal behaviour. Most people transcend the degree when they citing others article. Maybe this is out of his attention. So the education is very important to the kind of people . Besides, I think it is necessary to prohibit the delict from the perspective of the china . I don’t think it will change another state just in a single way. The last but not least , the propaganda is so very important that we should make full use of it .

  • Alex class6

    It is difficult for people to identify legality or illegality about IP protection in China. To be honest, Chinese people don’t have clear conception about IP protection. In my opinion, it is the most terrible problem about IP protection of reading book before paying for it in bookstore. In China, pirate is the most serious thing about IP protection. The problems about IP protection will not stop if pirate can’t stop. It is a tough thing to deal with. Many people benefit from pirate so it is difficult to stop it.

  • Davidclass4

    EDITOR’S NOTE:
    SCANNING IS LEGAL AND SITTING ON THE FLOOR AND READING COVER TO COVER IS ILLEGAL IN CHINA.
    I HAVE OBSERVED PEOPLE IN BOOKSTORES THROUGHOUT CHINA SITTING ON THE FLOOR FOR HOURS READING ONE BOOK. IN SHANGHAI ONE WOMAN RETURNED THREE DAYS IN A ROW TO FINISH THE BOOK.
    I NEVER WRITE ABOUT HYPOTHETICAL SITUATIONS.

    Thank you for your comment on mine. I like discuss this kind of question. Discus on everything is just the spirit of our the Pre-Qin Period and the ancient Greek.
    Ok I want to say something more about the bookstore. I want to say we do not read a book from the beginning to the end in a bookstore. In China fewer people do like this. This is not moral in our sense. But it is not illegal. I just mean before I buy a book I have the right to just scan it to decide whether it is worth to buy. It is just “scan”. Like you go to a cloth store to buy a cloth. You have a try to decide it whether it is fit on you before you buy it. Yes it will make the goods not “absolutely” new (“absolutely” new is can not be achieved. When the worker put the book on the bookshelf, he just touch the book, maybe he have a look too. ). But it is in an acceptable range. Of cause if you break the book you should pay for it. So I mean we have the right to have “a short scan” into the book before I decide to buy it. And the “short scan” have tiny affect on the book. And a “short scan” make me buy a book which I would not buy if I just see the cover of it. So It is good for the bookstore. If you go to the bookstore in China you can ask them whether they like you scan their books.

  • Miya-16

    EDITOR’S NOTE:
    WHEN YOU READ A BOOK YOU GET THE BENEFIT OF THE BOOK. IF YOU DO NOT BUY THE BOOK THEN YOU HAVE STOLEN THE BENEFIT. THIS IS A CLEAR VIOLATION OF CHINA’S IP PROTECTION LAWS.

    It surprised me that reading books without paying for it is also a way to steal IP. After reading the test, I find that I was and am a thief. In the past years, I was willing to buy piratical books because it was much cheaper than the official ones. So did the people around me. It is very common in China, although there are many laws forbidding this. The best way to protect IP is though education, not more enforcement actions. People should be taught the importance of IP protection, so that people can form the consciousness to protect IP. Only in this way can IP protection change from the ideal into reality.

  • Tom Class_17_

    I agree with that the consciousness of intellectual property protection in China is poor , I don`t know I should pay for the movie downloaded though the internet until I read the article just now, not to say we should pay for reading books which are borrowed from our library . I am very surprised about it , so I think the change of this problem will be difficult . First of all, we should make most of Chinese understand why we should pay for IP, we should protect the IP. Secondly , I think we need enough money to practice it because we can`t afford the consumption in the following few years ,if we comply with the law now strictly now , many people will have no books to read no films to watch and a great deal of company will close down as to it. I don`t know how to pay for that kind of thing in America , but after a deep thinking , we should pay for the intellectual property indeedly. I am sure our country will do something to change the phenomenon gradually , but it need a long time to do . In my view ,at least 10 years.

  • Grace classO2

    IP protection? I have never heard of this word and even thought about it before. After read this article, I suddenly felt that we have the concept of protecting the product patent, but we never realize that we should protect the intellectual property. It is a shame for me to admit that sometimes we even feel that we are lucky to download everything on internet without paying anything. Now that we enter the WTO, it is time to keep up with the global pace to protect IP rights.

  • michael class 5

    I agree with the views of this book, because I don’t have the awareness of IP from birth to now, when I read a book I never was aware of ISBN number, in a word, in the past Chinese people didn’t notice intellectual property, since Chinese had joined WTO this situation have improved, but in a short time, it is very common to exist in society, this can only be accomplished through proper education, when the child begin to accept education they are the awareness of IP.

  • paul class5

    Education maybe the fundamental of IP protection, but law has still to go first. Because the best learning manner is learning from one’s own experience, especially direct lesson. We now have the law, and we strictly stick up to the law, and try to punish any behaviors against the law. Then, people who break the law and thus punish by the law, will remember never do the wrong thing again. And this also has an extra effect on those people who see the law’s enforcement actions – they will learn the lesson indirectly.

  • Jennifer class 7

    The economic of our country is growing faster and faster along with the incomplete legal system in many fields.As the” Internet Age “comes,the “IP Protection” attracts more attention.Proper law is essential,but the concious of the theft is more important .So compared with enforcement actions,the education is more important.Educatin can change people’s thoughts fundamentally.It may be a long way before we found the concious,but I think steping the first step is a big progress.