IP expert: revising Copyright Law needs superior consciousness

Lately, Liu Chuntian, Professor and President of the Intellectual Property Right School under Renmin Univertity was interviewed for questions concerning the revision work of Copyright Law.

It is urgent to revise Copyright Law in the digital era.

Liu informed that the current Copyright Law was amended in 2001 and 2010, but in general it was still a law of printing technology era and planning economy and traditional way of thinking still affect the basic property system as well as the effective realization of the purposes and functions of copyright system, which not only goes against the protection of copyright holders, works disseminator and legal users, but also adversely affects the development of relevant industries, economy and society as well as social stability and national safety.

In the past years, the cases involving intellectual property rights, particularly copyrights significantly increased. According to the statistics released by the Supreme Court of China, in 2011, the courts at all levels across the nation heard 58,745 IP cases for first instance, of which 35,185 were concerning copyrights, accounting for 59.8%. And half of these copyright cases were related to Internet.

Tian said, the proposed draft made by the IP School of Renmin University consists of 77 articles, of which 16 articles were maintained from current law, 4 were from Regulations for the Implementation of Copyright Law, 34 were newly revised and 23 were added.

The revised articles should cater for the future.

To realize the basic functions of Copyright Law, the following issues should be paid particular attention. First, the revision work should be adapt to the progress of technology, specifically digital technology; second, Copyright Law should meet the requirements of cultural development; third, the newly amended Copyright Law should also be propitious to the development of market economy; fourth, the newly amended Copyright Law should sum up and absorb China’s IP theoretical achievements and practical experience, especially judicial experience in the past two decades; fifth, the revision of Copyright Law must accept the guidelines generally abided by international community and cope with globalization; sixth, the new Copyright Law should be programmatic and prospective.

Establishing copyright law system is the goal.

Liu Chuntian believed that the Copyright Law needs systematical adjustment in such aspects as protection objects, right subjects, right system design, ownership of rights, the use and penalty of rights, neighboring rights, right limitation, copyright contracts, legal responsibility, liability principle, infringement damages, copyright collective management, copyright dispute mediation and the relationship with international treaties.

Besides, other issues related to digital technology should also be dealt with earnestly such as computer program, technology measures, temporary copy and disseminating rights to the public. In addition, another two issues should be defined, i.e. the consummation of legal system and the key parts in bad need of amendments.

Let IP become a faith.

At the end of the interview, Liu Chuntian pointed out China’s IP system was incompatible with rapid developed technology and economy. However, the public of China do not totally understand IP system meeting the need of market economy and industrial civilization. In modern society, IP system gradually becomes the core of property system. Meanwhile, the core value of intellectual property rights is good faith. [Chinese version is available on Guangming Daily]