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 ↩
Few people in China know clearly what intellectual property is. Through Monday’s oral english class I knew more about IP. I think it’s a very hard thing to solve the IP protection problem in china..If I was an advisor to the CCP,I’ll try to solve it in threen ways.
Frist,there are problems existed in the Intellectual Property (IP) protection laws because of short period of appearance and development.So, the government should do their best to improve the Intellectual Property (IP) protection laws.
Second, law enforcement is the weakest link in our system of laws,I think we should take some enforcement measures to solve this problem.
Last but not least, Since many chinese people’s Intellectual Property awareness is weak,they just cann’t understand what Intellectual Property means, the legal propaganda and the consulting activity are very necessary in China.
Intellectual property protection is a serious and urgent problem to be solved in China which is needed both by the government and the citizens. With IP protection, big progresses will be performed in economic area because the motivation of creation is protected thus other aspects of the society will be thrived, too.
I think there are three directions to be suggested.
One is education on the young. Childhood is the most important time in a person’s whole life to form a concept.
The second is advertising just as much as no smoking in the public, making this item famous and common. When people are familiar with these rules, they will obey it spontaneously.
The third is legislation properly and enforcement strictly. The old saying is “Without discipline, there is no method.” When weak implementations are eliminated, IP will not be stolen anymore.
There are so many disadvantage in our developing China, expecilly the IP protection. As it put that “For five thousand years, the Chinese have had no concept of private intellectual property rights. ”, “yet 75 percent of them fail to patent their own inventions. ”, “An entire society needs to be taught about the value of private ownership of intellectual property.”
This is a intractable problem, now our chinese government have took a lot of measures to solute. But I think since the problem is so difficult, the solution is compositive.
There some methods may be impactful. First of all, it is necessary to let everyone knows that how important the IP protection is! No mattle who he is, of course, illiteracy included. One man may have no knowledge, but he is indispensable to have general knowledge! Secondly, put the infringement right. People who broke the law will suppose to be pulished. Last but not the least, start the surveillance in the whole country. The person who impeach the peccancy will gain government’s bonus.
I thind it will work well in those ways.
Clearly IP protection is becoming more and more important in an opening China, however, how to put this concept into effect is a huge problem in modern China, people’s consciousness of IP protection is so weak that no matter how comprehensive the law is, nobody would care about it. In my opinion, to make this concept being accepted widely, there are some perspectives that CCP must give enough emphasis. First, the social propaganda and the education in the next generation about the IP protection are equally important and the government should do its endeavor to change the social disregard in this issue. Second, maybe some effective enforcements and powerful penalties should be carried out to punish some extreme ones who have broken the relative laws, with some typical cases the public would know what could do and what could not about IP protection. Third, the western society must have much experience in IP protection which should be learned and simulated. It is not easy to change a whole society’s concept one night; but with the emphasis in the three points above, the progress of IP protection in China would be slow yet effective.
So many people in China do not know what is intellectual property,then,how can they know to protect it.China is a devoloping country,the economical distance exits,there are a lot of people can not afford to go to schoool.In my opinion,there are some ways for us to change these situations.
Education is most important.In many schools,there is not the course about IP,it leads to students even our teacher do not have the concept of IP protection.
Secondly,we should give more publicity through advertisement so that everybody can know what is IP.
Thirdly,our government should promulgate a more sophisiticated law.
As a result,I believe our country will be stronger!
In my opinion,Chinese people understand that it is wrong to steal tangible goods but there is no concept that taking IP without compensation is wrong.It requires a psychological revolution of unprecedented proportions to create a new ethos where none has existed before.From my view,
The most important solution is IP protection should be legislated and enforcement strictly.Also ,it is necessary to let everyone knows that how important the IP protection is!Educate people to know the importance of IP protection for themselves and society.I think university teaches IP protection using a teaching，not just preach,and they must implement what they teach.
The success of IP protection mainly lies to the success of protection education from the primary school to the collage,It is a long journey since China began work on it at a comparative late date.
on the one hand ,we should be educated to respect our creativity and unique intelligence,Everything that came from our mind is valuable and usefull.most Chinese don’t realize it and treat it leisurly. If we ourselvs don’t care,who will give their respect?
On the other hand,we must learn how to respect others ,respect their hardwork,their effert on matter it is physical or mental.
what’s more,some basic principles of IP protection law education is essential ,also urgent.The entire society’s blindness to IP protection partly lies to someone’s attentional volation and partly come from the lack of legislation knowledge ,in fact the latter weight more.when they break the law ,they don’t know it is a breaking.So how could people perform correctly if they don’t know what kind of action is wrong. The public is not wrong but the education.
As the world has moved into the time of globalization of economy,the importance of intellectual property are emphasized by each country.China is no exception especially after it’s joining in WTO in 2001. To proceed efficiently in IP protection,there are many things china government should do immediately.
The priority of IP protection is the chinese citizens awareness of what is IP and how to protect it clearly.We should know that bad IP protection can cause huge damage to development of our national economy.
We must punish the people who steal other’s intellectual property so that people’s good ideas can be tranfered into profits.Only in this way can the creativity be motivated and the economy of our country prosper.
What could we draw a conclusion from such a long history of human society？Every reform was accomplished with dispute，whether it was right or wrong at last .what is the largeast different between people and animal？
of course we could learn new things or could be cultivated，we have mentality.hence，i prove the teacher’s aspect very much，however this kind of way means timing and patience，and great efforts must de done by the government ，such as advertisement，Intensifying Publicity and Education ，in the school the teacher should take every slight attention to cultivate student to recognize what is IP protection，how to protec the IP ourselves ，or not to infringe other IP right.Graduately IP protection consciousness can take the root among the masses.
IP protection is an emergency and long project. The main problem of IP protection in China is that citizens are lack of the IP protection sense. So, in my mind, the problem may be set out to the followings:
First, train IP protection-related professors in the field. We can’t solve a problem without understanding it.
Second, launch an education campaign on campus, including university, college, academe, research and development labs. For post-graduate, researchers even professors fail to patent their own inventions, while they are the main high-tech or inventions creators now or in the future.
Third, TV, broadcast, movie, newspaper, magazine, billboard, pamphlets are also the publicize instruments. Just like announcing the urgency and importance of cracking down on fake notes, fake produce, we need create an environment that every citizen can receive the information of IP protection. Cases of different kinds of intellectual property and potential crimes can comprise the content, which will educate the citizen steps by steps.
Last but no least, legislating and enforcing strictly are also the good material to education citizens.
It is a really a long way to go, for our large population and the short history of IP protection and long history of feudal regime.
For historical reasons, lack intellectual property protection becomes a more impeditive element during our country entering the world economic system. Along with opening is wider and deeper, strengthening IP protection becomes crucial and urgent for all of our Chinese people. The best way of changing our and next generational concepts is education, I think, especially to the kids who have no own thinking.
Firstly, we can add the IP protection knowledge in primary subject Moral Cultivation and append legislation and enforcement about IP ownership and protection in secondary lessons just as political and law education.
Secondly, propagandism is also important. We can popularize the IP education in the bookstore, library, internet using, TV programs and so on.
Thirdly, as to the enforcement actions, I suggest that we can study the practice of developed countries. For example, you cannot read without compensation in the bookstore and you cannot download a free film on the Internet.
IP is so new to Chinese. But I believe that we can change, just we need time.
Since China is trying its best to blend into the world, IP protection should be regarded very seriously, because it represents the sense of responsibility and honest. However, we still have a long way to go. If I were an advisor to the CCP, I would make emphasis as follows:
Firstly, it is most important to make sure that the IP protection law and IP protection awareness could be publicized properly. The media, including TV, radio, newspapers and Internet, should save enough space to express public-interest ad that related to IP protection. In this way, the citizens would have access to the clauses and rules which they are not familiar with before.
Secondly, IP protection clauses should be added into the formal educational materials. As we all know that the adolescents are the future of a country, we should assure of their awareness and agreement to the clause, then there would be development of IP protection situation.
Thirdly, proper punishments should be executed. The people who steal from the internet or other published materials should be fined or deprived of some rights. Without concrete penalty, some of the lawbreakers would have fluke mind and never budge.
IP protection is now a hot topic.In China ,so many people do not have the conscious of IP protection. Moreover the system of IP protection in china does not work well. If the IP protcetion can not been paid more attention to. It will handcip the developping of china. I have the following suggestions:
1.Strengthen legislation.we should amendment our law ,complete the concept of IPR and
clearly identfy the protected object and strengthen the power of punishment.
2.Strengthen education .As the article said, Only 53 percent of the people even speak Mandarin8 and more than 8.72 percent are illiterate. So we should shrengthen the system of education.The teaching of IP protection must been sarted in the Primary shool.
3.Strengthen “copy”.Some IP protection syetem of western country are very reasonable.We can learn from them as considering of China’s actual conditions.
Frankly to say, i really don’t know downloading songs and movies on the internet is stealing before having the classes of Martin’s.
In China, we think copying the books that we have and downloading merterials on the internet are OK, and it is ingrained. On the other hand, if the songs or movies on the internet need payment we won’t get it. Because we think it’s not worth doing like that.
How to protect IP right? i have some ideas as follows:
1. we should change the ingrained thinking of all of us. Of course, education is the best way to do it.
2. we should need some punishment to punish the people who infringe the IP right so that more and more people could know it’s wrong to copy or download without compensation.
3. i think the economy is also very important. people in China should should own enough money to pay the songs and movies on the internet. If not, it’s rediculous to say all people should pay for them.
First,the most important one,is the education of intellectual property protection.After all,it paid less attention on the conscious facilitating through the traditional educating manner.I think the importance of IP protection and the serious result of violating it should be learned by students when they are at middle-school.
Second,the reform of intellectual property protection system in enterprises should put on the agenda seriously.Nowadays,our government thinks highly of IP protection,but the vigor of publicizing and publishing should be enlarged over and over again.When dealing with the lawsuits of this kind,they should be taken seriously by the related departments.While encouragement should be given to those who dedicate themselves to the protection process,such as enterprises or individuals with great innovation.
Last but not the least,every Chinese should make joint effort to make our country live up to the name of “a great nation”.To be a country,it seems an individual in the world,a big family.When he is sincere and honest enough,he could be respected and valued by other “family member”.
Undoubtly,our country has been left behind on the IP protection.AS a young man who was founded only 60 years ago and suffered continous disasters before and after its foundation,it can be acceptable to an extent.However,this is not an excuse and we need improve the situation.
From my viewpoint,what is the most important is education,especially in the kindergarden and primary school.We should realize the importance of IP protection when we are children.Its conception in our young mind has profound effect on our future.Of course,its education in universities is also essential,as it is a fact that the graduates spread everywhere and they play an important role in constructing our country.Theretore,they can help spread the conception.
What is more,though enfocement action has its shortcomings,it can also contribute to protect IP.Strict regulations should be made and those who break the law should be severely punished .The measure helps to warn the people who try to steal ideas ,copyright and so on.
In a whole,I’m concerned to believe that the situation will change for the better under the two measures.
In China, there have been numerous legal protection of IP rights, but still there are many people who violate laws and regulations. So, I think that protection of IP rights protection not only to test the law, but also on the community atmosphere. Many people only know that thesis plagiarism is a violation of IP rights, but many people do not know the web site to download free movies and music is also a violation of IP rights. Only you respected other people’s work, others will respect the outcome of your labor.
We know that China is facing the problem of improving the system of IP protection,which is hard for our large unbalanceably developing country.I think there are two key points for this work,conciousness and morality.Actually speaking,most people even know nothing about IP,let alone what they should do or not when facing the situation concerning IP,this requires the government to supply widespread education about IP.Education can give person the knowledge,but I don’t think this alone can work well.There are many people who have good education,but awful phenomenon such as piracy is common in China,lacking of morality is worse than lacking of knowledge in China.Recent hundreds of years of revolution bring great impact on our nation,we weaken our national culture,play down our excellent traditional etiquette,we even lose our national conciousness,which I think are the base and soul of our nation.When individual integrated to the nation,morality and civilization come and bring solutions for most problems we are facing ,including IP protection.
Of course,for a complete society and country,a perfect legal system is a necessary supplementary,which I think should be allowed for our national conditions and international environment.In conclusion,IP protection need the policy of our government as well as the action of everyone in the country.
In the society, the intellectual property protect problem is a big problem that China must face to
,and it is not easy to solve in a short time.
First, in my opinion, it is the essence of the problem is changing people’s views by the ideological, but when we talk to change ideas the best way is through education.
Secondly, government should improve the laws about protecting intellectual property. If someone’s behavior is out of the law, he must face crucial punishment.
China is a developing country now,there are have mang rules and regulations problems.The awareness of IP protection is week,It is a hard work to solve this problem and also can not solve it in a short time,but I think this problem will be solve one day.
I agree education is the most important way to solve IP right protection,and I believe enforcement actions is an indispensable part of solution.
At present most of chinese did not know what is IP and why should we protect IP.So I think the first thing we should is that strengthen the knowledge of IP,The knowledge of IP can be included in our textbook,This can help us have the awareness of IP protection from children.
Ip protection should also be included in the scope of legal protection,Infringement of IP rights is inlicit action and should be punished.
The IP problem will be solve as long as our work together.
I think the key to the IP protection lies in the education. Most of Chinese people don’t realize that it is illegal to use other’s intangible goods without paying. They think the resources are for free. China has promulgated some laws about IP protection, but many people don’t notice the laws , so it is necessary to propagate the laws effectively ,using some mediums ,such as TV, broadcast ,newspaper and so on, punishment is not the correct way.
Maybe they should educate the students about the laws of IP protection when they are very young, because the children will be the next leaders of China , and the conception of IP protection is very important, if they are not aware of the IP protection ,how will they release the laws of it? and how will the citizens develop the consciousness of it? That will be a very serious problem.
To be honest, I do not want to touch on this topic. As a student who do not have some outcomes need to protect , I prefer the convenience brough by piracy and illegal downloading. In China, intellectual property rights infringement, like a double-edged sword, bring us cultural and economic development, but more drawbacks and adverse impacts following.
We have clearly seen that intellectual property infringement amounts to the action killing the goose that lays the golden eggs. On one hand, it brings great harm to the original master, lower their enthusiasm of creation, and lead them to be disappointed and distrust of us. In the long run, they are no longer willing to share with us and display the new results to us. On the other hand, though it has brought the imitator temporary benefits, copying the original outcomes results in our psychological reliance, and we become more and more lazy to think and innovate.
Of course, China should solve these problems, but it is really a long and intricate process. To change the situation fundamentally, we need to further educate and economic development.
Take pirated books as an example. When the pirated books are much cheaper than the original, we always prefer to buy the pirate which may be of poor paper quality, because we can enjoy the same content paying much less money. So, for the publishers, why not throw off the excessive gorgeous packaging and reducing the price differences between the original and the pirate. For the goverment,establishing and improving the framework of laws and rules on copyright piracy are still real challenges, but why not try to set up more awards to reward innovations. For the public, we still need to get more knowledge of intellectual property rights, and show our respects to the person who do the creative work.
China has done a tremendous amount of effective work in IP protection, establishing a relatively comprehensive legal system and a complete law enforcement system for it. But as we all know, China is a developing country and still has much work to strengthen the management and Supervision of the legal system Supervision.
First, universities should buy more journal database and movie for the students.
Secondly, the government should improve the legal system for the use of internet.
In our growing , we all have been told that taking others’ things without permission is a kind of stealing behavior .But we only have the traditional concept of stealing in our mind . Few of us has the IP Concept in China . Therefore, it is a very urgent task to improve IP Concept of the Chinese people . And my suggestions are as follows.
Firstly , and also the most important one just as our Pro. Wollf mentioned above , the best IP protection is through education . Only by this way , can we abandone the traditional thoughts of stealing behavior and can we improve IP Concept of the Chinese people.
And also , we must put more enforcement actions into practice and make the low work more efficiently . Of course, the premise is that the Chinese government must establish a series of laws base on China’s actual conditions in every field .
Indeed , IP protection develops rapidly in China , but it also does not develop well enough . To solve the problem of IP protection , we have still have a long way to go !
I think there are mainly three reasons for chinese IP protection problems.
Firstly, the propaganda degree of IP protection is not enough. In china, most of ads mouthpieces are celebrities, because their deep influence in the public. But only few of these famous people would like to incus thoese ads that need volunteer. So we can invite them to incus the IP protection ads. Chenglong or Yaoming may be the right preson
Secondly, supervision system is not sound and the punishment potency dimension is also too light. We had better make more details of law, and Severely punish thoese peole who break the law.
Thirdly, education. I never think chinese education is not good. But,in the IP protcection aspect, we truly have too much rooms to improve. We can set up the courses about IP protection to students, and make our students authentically learn the harm of no IP protection. Firstly ,the school should not allow the students to use piracy books.
To be honesty, I haven’t realized the severity of IP violation in China before we got down to discuss the topic “IP protection”.As we all known,China is communist-led by CCP. Under the Socialist Economic Sysetem,the government owns personal property, and Chinese citizens have to pay duty on personal belonings. As a result,the Chinese citizens’consciousness about IP protection is weak.
Nowadays,even though the government promulgated some amendments for IP protection,the IP violations haven’t got better. Pirated books and photocopies are prevalent in Chinese university.After the discussion on “IP protection”, I do think about the impotance of IP protection.Maybe we,Chinese,can take measures to get the situation better.
1.The government may take some standards to definite the rank of IP, so that the citizens will be aware of the things which they must protect well.At the same time,government must propagandize and educate the people.
2.The society may help the government strengthen propaganda through all sorts of ways. E.g TV promotion, or some activations taken by some celebrities. I think movie star or sport star will be a good choice.
3.The school must teach IP protection even the young generation.To some extent,school and teachers must set a good example to the students starting out small.
Generally speaking,a better IP protection must start ourselves.Maybe we can stop to use pirated books or photocopies.Maybe we can stop download the songs or movies without payment or something else.
Dear leadership of the Chinese Communist Party:
I was a student of Sun Yat-sen.when I enter in our holistic english course, the intellectual
property protection issues come up to me.And I have some ideas about it,And now write as
follows, hope your reference:
Prof.Martin Wolff thought that,in the past 20 years,China has done a lot of work in
China’s IP protection, and has made some achievements, particularly since China’s accession
to wto.But there are still some things you may be done better; At the same time, he also
made some suggestions. He,an international law professor,is not only a Bit interested in the
Chinese law-construction, but also very concerned about China’s moral rehabilitation.
The bad effects of the lack of IP :
1.AS lack of foreigners’ belief in IP protection in China,China has loss many chances of the
transfer of foreign technology and foreign investment.
2.If ther are goog IP in China,It will Aggressive enforcement of intellectual property
rights will benefit both consumers and businesses. Encouraging the enforcement of IPR rights
will allow US 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. Which benefit China more.
3.It is bad for the Globalization and understanding between countries.
How to change this situation:
1. Education: education will fundamentally changed the Chinese mind on the different about
nation and individuals . Because only the two Were separated, intellectual property
protection can there be real progress. And make the students awared about it in the
university is the most effective approach.
2. Enforcement action: Enforcement action has little importance, because only the conscious
is the best.
I think that the Chinese government should strengthen knowledge-sharing,and at the same
time, strengthen intellectual property protection, especially in academic, severe penalties
for school Surgery corruption.
That is very happy for you to read it. Thanks a lot.
loen
2009-10-27
Honestly speaking,most of us download songs,movies and articles on the Internet for free.Before the discussion of IP protection,we have never realized that this behavior is illegal.That is to say,many of us are lack of concept and knowledge of IP and IP protection.We ourselves should pay enough attention to this situation.Because IP and IP protection is closely related to our future work and life.Firstly,we should culture our awareness of IP that we should know the things belonged to IP.Secondly,we should know well the laws about IP and IP protection in China.Last but not least,we should obey the laws and should respect others’ labour.Only in this way,the so-called laws about IP and IP protection can be considered as meaningful.
IP protection has become a major problem in developing China not only in economy but also in other many fields such as harmonious society construction. So it is very important to spread the consciousness of IP protection to public to China.
First of all, advertising is a kind of feasible way to make a concept about IP protection to public. We can take use of every method to tell public what we do now is not illegal and what to do is acceptable.
Secondly, education from primary school is also an efficient way. As Deng Xiaoping said, ‘football should be taught from a child!’ IP protection consciousness is also like football teaching. If children can learn the importance of IP protection from they are little. They must understand the meaning of IP protection.
As I have said above, IP protection will be a part of people’s life and everybody should keep the law.
I agree with the view that education is the fundamental key to change. If I was an advisor to the CCP, I suggest that the education of IP protection should be carried on from not only university but also primary school. Good consciousness was formed in childhood, then when one grow up, he would protect the IP rights of himself or others. And the second suggestion is that promotional materials in easy and vivid forms should be provided for the Illiteracy. China is a young country. The problem is not that we don’t want to be better, but time. I believe after some years the phenomenon of stealing IP will disappear, and IP protection in China will as well as developed countries.
China has not paid serious attention to intellectual property rights protection since about
thirty years ago，while western counties have had it legal several centuries. With the thirty years developing，China has made a series of legislation about IP protection，and make tremendous progress. However compared to western counties’ mature system，China seems immature. There remain many problems in law and market. Some merchants thieve others’ intellectual property for huge profits，ignoring the IP protection law. For consummating our IP law and market，I think we should take measures as following.
First of all，we should attach importance to intellectual property education. Many students in China have not been taught about IP protection when they were children. Some of them bought pirates for they did not what were pirate and intellectual property. Other bought for the lower price， ignoring the damage to the market. We have to admit that it is a fail in our education system.
Secondly，to perfect the acts of IP protection is urgent. The IP protection law is immature. Many unscrupulous merchants make use of the defects of law to make profit and have not been punished.
Thirdly，to strengthen law enforcement. Some law enforcement officers are tired of arresting small merchants because they repeated selling pirates despite prohibition，but the big producers are hard to arrest. So，we must strengthen penalties. When someone who sell the pirates，the all pirates must be confiscated and punished severely.
So，as long as the above measures are taken effectively，our economic market would grow better.
I always think that IP protect is far from me.But through the WORKING GIRL and the class,I aware that it is very important for all of us.We should protect our IP and also should protect other’s.
In China,we do not take it very seriously.As the example was taken by Martine Wolf,we do not steal the VCD or DVD in the shop,but we download the movie from the Internet freely.This maybe a big question.There are two ways infront of us:One is free,the other is that we should pay money for the same thing.Of course,we choose the first one.It would be a long way for China to go to make everyone notice the importance of the IP protect.Everybody should enroll with the help of the gorvenment.
Intellectual property rights as part of the individual private property，and all of us should try our best to protect it. Of course, the other people should respect it. At present, China has formulated relevant laws to protect intellectual property. But the infringement still often happens. Therefore, how should we do to protect our intellectual property?
As far as I’m concerned. First of all, we should improve self-awareness. When our rights are violated, we should use the law to protect our rights. Secondly, the government should perfect the relevant laws. In order to protect citizens’ intellectual property rights better. I think only in this way can we protect my intellectual property better.
I think there are some thing we can do to prove the status of IP right ,first no rules can not shape a circle,so the goverment should make very strict rule ,and most importan is must seriousely stick to law .Second is let more and more people know what is IP right and how to exercise this power .Because now a lot of people did not know the way usually do things with is misdeed.Last i think education is important ,we shoule make a clear conciouse about IP right and form a good habit.
It is much easier said than done.We must take more effort to do it .
As long as I have been a fan to my favorite group, I have always considered about IP protection. Especially on the internet, I wondered why foreign countries could make good efforts on IP protection, after think and think I found out that maybe the key of solve IP protection problem is not whether there are people who deliver the copies but the people who download it but never go to the department to buy it. I don’t think they know that download from internet for free is an illegally behavior and it would bring disaster to the people who should benefit from the things which they have downloaded from internet without paying. So the best way, I think, is make the people who sit before the computer screen and download things for free know that they should not do this behavior any more.
Needless to say, intellectual property protection has became one of the most serious economic problems in China today. Although China has already made a complete Law Enforcement System for IP protection since 1980s. In some regions and governmental departments there is insufficient appreciation of the importance of IP protection. There is still a long way for us to go. In my opinion, we should take some measures to chang this situation as follows:
On one hand, it’s impossible for us enhance the awareness of IP protection without developing education. As Matin said in the class, even the highly educated people in China have no concept of private intellectual property rights, how can 1.3 billion people be expected to change their mind to embrace such a foreign concept over night? So the school has the responsibility to make students realized how important to protect their own IP rights and set a good example for students. Please tell them even the behavior of downloading movies or songs from Internet is stealing! I think this is the first step we should do. On the other hand, Chinese government must take some actions to make the law more effective.Anyone who go against the law will be punished severely. In a word, it’s everyone’s duty to protect their own IP rights!
Although our government has done much to improve IP protection since we joined the WTO, there are still many problems. For example, we download movies, songs and articles from the internet or photocopy entire books without paying any fee to the publisher, maybe one will get punished once you do it aboard, but in China it’ OK.
In my opinion, to solve the IP protection problem we should do the following things:
Firstly, the government should improve the relevant laws on IP protection, If nothing will be done to punish those who violate the law, people will always commit a crime.
Secondly, such lectures should open to students throughout the schools. it is necessary to strengthen students’ awareness of IP protection, anyway, education is the fundamental key to change, not enhanced enforcement actions.
Lastly, we should develop the economy rapidly. Once we have enough money, we have the material base for the IP protection.
China is improving the laws of IP protection, but it is still a long way to go before Chinese are fully aware of IP protection. The propaganda of IP protection in China is not enough. May be we can see advertisement about IP protection on the TV or in the newspaper, but we fell very confused: what is IP protection and what I should do to protection IP. So after a law has been enacted and putted into practice, the first and most important thing need to do is giving wide publicity to law. Therefore enhancing the consciousness of Chinese on the IP protection laws is the chief thing the Chinese government shall do. Compared to the advertisement and billboard, education is much more essential and effect. Offering some courses on IP protection in college, institute, and even high school is a proper choice.
Besides the propaganda of IP protection, to strengthen the supervision over law enforcement is also indispensable. When the public realize that what they are doing is illegal act and will be punished, I think less and less people would infringe the IP protection laws.
Before reading the article , I don’t think that reading others’ books in book store without compensation is wrong . I am sure that can’t be little . And there are still lot of things for us to do to improve our awareness of IP protection . My suggestions are as follows :
First , we should get more person to know the IP protection . I know that , most of us don’t want to steel others’intangible goods , just because we don’t realize that . So we should make the IP protection go to everywhere and anybody’s daily life . And the most effective way is media , as everyday we will watch TV ，surfing in the internet . We can make some funny ads on the TV and internet . In this way the concept of IP protection will easily be accepted and be obeyed .
Second , the laws about IP protection should improved . Although during these years , the related laws have been established , there are still some deficiencies . However laws in west country is relatively maturity .So we can consult to them , to make the laws in our country maturity .
With the action all over the county , I am sure that , in the future , we will do better .
Importance of Intellectual Property Right ( IPR ) protection, has been recognized by more and more foreign ventures and companies engaged in China. However, The success of IP protection mainly lies to the success of protection education from the primary school to the college. It is a long journey since China began work on it at a comparative late date. Then, China is a country of vast territory, different inland areas witness different levels of economical development, different cultural characteristics, which lead to different forms of IPR infringing activities, different understanding and law enforcement, resulting in different effect of IPR protection.
At present most of chinese did not know what is IP and why should we protect IP. So I think the first thing we should is that strengthen the knowledge of IP, The knowledge of IP can be included in our textbook, This can help us have the awareness of IP protection from children in different areas also different cultural characteristics in china.
On the other hand, the china government (CCP) should improve the legal system for the use of internet and make some law to protect IP.
I believe that the joint efforts of all the people, China’s IP protection can achieve greater results.
The system of intellectual property rights in its modern form was established only a short time ago, and we should be open about the existence of IP protection problem. At the same time,it is also a common problem of mankind. To solve these problems, correct policies should be formulated and scientific guidance and management introduced on the basis of a correct understanding of the issue. Firstly, we must deepen our understanding of the importance of protecting IP rights in public. Respect IP rights are not only a matter of social responsibility, but also a matter of social morality. Secondly, much emphasis should be put into the research and manufacturing of self-developed hi-tech products. In this way, we will respect inventions and other inventors’ rights, while at the same time standing up for our own rights by applying for the corresponding IP in the country or abroad. Thirdly, we should know clearly about the settlement of such kind of troubles. In general, along with its progress in reform and opening up, China has made big strides in intellectual property protection.
IP protection does face a serious situation in china today. Though, Chinese government has made some legislations of IP protection, it seems out of function. Copies of music, films, books, etc cover every place in china. Is the legislation not server enough? I don’t think so. The most compelling reason for this phenomenon is that most Chinese people lack of the sense of the importance of IP protection.
Most of them don’t sensitive that downloading songs or films is exactly a crime, even some know that is illegal, but not awaring what damage will be made to the economy and society development. So I suggest that Chinese students should be taught about the importance and laws of IP protection from primary school, what is not existent now.
Frankly, the Intellectual Property Protection in China has not been good. In my opinion, the following ways can be tried to resolve this problem.
1. Draw a clear-cut line between reward and punishment.
Based on existing law, we should improve relevant provisions and regulations. Governments at all levels should set an example by their own action. We must ensure that the laws are strictly observed and enforced. Publishing housees and copy shops must be given strict supervision. Law-breakers must be punished strictly.. While the advanced law-abiding individuals can be given certain incentives to set leading role for the rest.
2. Governments and medias should do more publicity. television, Internet, newspapers, billboards can be made full use to give citizens information as much as possible to understand the importance of intellectual property protection.
3. While the most important thing we should do is to strength education. Education about intellectual property protection should be strengthened in schools at all levels, especially in universities where this phenomenon is quite serious. It is important that teachers should set examples.
4. Another key point is to develop the economy, which is the basis for intellectual property protection. If our income are high enough, we have naturally foundation to buy the legal ones. However, now it is more realistic for the majority of Chinese people to buy the piracy according to our income level.
This problem can not be resolved within a short time, and we can only pin our hope on our long-term joint efforts.
Today, intellectual property protection is an issue of universal concern in the international political, economic, scientific, technological and cultural exchanges . so IP protection is very important for all of us. Through it’s a very hard thing to solve the IP protection problem in China, I’ll try to solve the problems if I am an advisor of the CCP.
Firstly, we should have the Basic Position Regarding the Protection of Intellectual Property Rights. The intellectual property protection system plays a significant role in promoting progress in science and technology, enriching culture and developing the economy.
Secondly, China should adhere to the principle in legal system that “there shall be laws to abide by, everyone should abide by the law, the law must be enforced strictly, and those who violate the law must be dealt with.”
Thirdly, Still, the intellectual property rights protection system has only comparatively recently been introduced in China, and some portion of the population has a rather incomplete understanding of intellectual property rights. So we should make an education system in intellectual property rights protection. And we can make the people know the intellectual property through newspaper、TV、books.
The embarrass situation that copyright law has been promulgated while the violation of IP has remained probably because the owners of IP and their relative industries have developed a mature system to earn the benefits since the concept of copyrights were non-existent before. Once changed, it will involve considerable interest relationships among the authority and wealthy who may fear and hamper it.
As far as I concern, before a revolution of IP protection, the moral immersion is necessary. Such as the education, government or non-government organization, and the victims of IP violation propagandize the significance of IP protection. Meanwhile, the administrators adopt certain measures to punish the illegal behaviors.
On the hand, once an event, which results in very severe consequences of stealing IP, has been exposed, and the nation is stable at that time, the administrators should immediately execute rigid punishment on the illegalities related IP and publicize the serious imperilment of violation of IP.
Everyone knows that China has had no concept of private intellectual property rights for five thousand years. The government owned intellectual property under the feudal empire and the socialist economic system–private IP were non-existent. Intangible thoughts and ideas have no reality as something to theft. At present, China has been a membership of World Trade Organization and has to accomplish its WTO obligations. IP protection is the NO.1 problem that our country faces.
If I am an advisor to the CCP, I want show my plan that is try to mitigate the IP protection problem in China.
Firstly, we must do something to disseminate the conception of IPR. Only people know the invisible property is as one part of their private wealth too and the importance to protect, the situation will improve.
Secondly, we must take more efficient enforcement actions to protect IP. Only people know the serious consequence for what they have done illegal, they will observe the relevant code of conduct and the law. Because everyone know to protect themselves and “Penny wise and pound foolish” is
fairy tale.
Last but not the least, ourselves must do our best to protect IP and obey the law by the details.
Intellecual property protection is really a tough issue in China , especially in the economical globalization process , the trest of lossing benefit of copyright has block some foreign investment incresingly . If current situation couldn’t be changed , China will not blend into global economy totally and benefit from the advanced tecnology and science in the world .
We can see the environment of copyright has improved a lot recently , especially in the area of software and technology , more and more Chinese are accustomed to using legal copy softwares and more and more enterprises in China do business accord with regulations of copyright and trademark .
But the situation is still not optimistic and we need to take some dramatic measures . I will focus on the mass-education. We need to cultivate the consciousness of the whole society that we should respect people’s work , it’s a shame to use their copyrights without permission .This is a long way to go but very important and fruitful , because no matter how strict and comprehensive the laws are , the implement need cost . But the legal behaviour controlled by moral doesn’t need cost . Common understanding of rights is the basic of a state with an adequate legal system
Honestly, when martin said that we download musics and movies in the internet is steel behave, I was surprising. I just don’t heart it before. So I think the most basic way to solve the problem is to educate us since we are children, then we can form an IP protection consciousness. What’s more, we can formulate relevant laws to restrict those person who want to steel others Intellectual Property.
Intellectual property (IP) protection problem is definitely now a serious problem in China.
Take internet as an example, movies, songs and literatures all are peoples’ intellectual property that should be protected. But in nowadays, everyone can download from so many websites on the internet without paying anything. I think if the governments want to solve this problem, he should manage the website companies first. The website companies obtained the songs or movies from normal and legal channels, and would not offer the songs or movies for free, and people need to pay money to download them. I think the problem will be restrained. Also, public should strengthen the understanding of IP protection.
As an officer of CCP, it is my duty to solve this intellectural property protection problem to our country’s development. There are two different parts, enterprise and common people, that must to pay attention. Enterprise whose target is to making money must limited with the strict and rigorous law. Once it against the law, the administration for industry and commerce must give harsh punishments to let the company cannot do that again. But for the common people, it is more complex. At first the government must propagandize the IP knowledge to the public. Then we must educate specially the critical people such as the students at any level, the teachers, the workers whose jobs are concerned the intellectural property protection. At last the punishment of the stealing and the encouragement of following the law are integrant.
It is a long way to have an end solution.