Intellectuar Property Rights in China
In recent years, the protection and enforcement of intellectual property rights in China has received enormous international attention. Over the past several decades, China has work slowly but steadily toward better intellectual property rights (IPR) protection. China has strengthened its legal framework and amended its IPR laws numerous times to extend the scope of protection. Currently, China IPR laws are well in line with the global IPR standards. For the rest of this paper, I would give a brief history of IPR laws, Chinafs efforts toward enforcing its IPR laws, the ethical analysis of piracy, and the solution to help reduce piracy.
Software Piracy
According to Business Software Alliance, about 94% of all the software currently used in China is illegally copy. This represent a three percent increased from 1991.1 Software piracy is flourishing in countries such as China, Hong Kong, and Vietnam. Software piracy rate is escalated; thus robbing the global marketplace of hundreds of thousands of jobs and billions in wages and tax revenue. It is estimated that piracy had caused about $11.8 billion losses worldwide.2 In addition, software piracy may become a barrier to innovation and product development around the world because piracy decreases the incentives and motivations for companies to research and develop new products.
History of Chinafs IPR laws
Since 1978, China has gradually improved its efforts toward protecting the IPR laws. Part of the improvement in IPR protection is due to the tremendous amount of pressure that the United States and other developing companies put on the Chinese government forcing it to comply with the global IPR standards. China has joined many international IPR conventions/organizations such as World Intellectual Property Organization, Paris Convention for the Protection of Intellectual Property, and Universal Copyright Convention.3 By joining these conventions/organizations, China hopes to learn more about IPR laws, and thus able to incorporate them into its own IPR laws. Between 1980-1995, China has also passed patent, copyright, trademark laws, and computer software regulations, and unfair competition law. Some of these laws have been amended several times to extend the scope of protection. Recently, China successfully entered into the World Trade Organization (WTO). Its entry into the WTO showed that China is seriously committed to the protection of IPR because now China needs to strengthen its legal framework and amended its IPR laws to comply with the WTO Agreement on Traded-Related Aspect of Intellectual
The American Heritage Dictionary defines piracy as “the unauthorized duplication of copyrighted or patented material.” It is a problem that affects companies all over the world. Piracy of software, movies, and music is commonplace in China. China has the second worst piracy rate in the world; about 92 percent of the software in China is pirated (Williams 2004). Various companies and governments have attempted to combat piracy, but they had not seen much success until recent years. Combating piracy is a difficult task, especially in a country that has a history of not enforcing intellectual property laws.
It is first beneficial to know the definition of piracy. Piracy has been characterized multiple ways from multiple disciplines. For the purpose of this paper, I will apply the definition of piracy from the 1982 United ...
” Seeing the economic-development tactic that developing countries employ, it is in the developing countries’ best interests to stop them. Under vigorous lobbying by the United States and other developed countries, TRIPS, Trade-Related Aspects of Intellectual Property Rights, was negotiated in 1994. TRIPS Agreement covers copyright, related rights, trademarks, geographical indications, industrial designs, patents, layout-designs of integrated circuits, and undisclosed information (“Overview of TRIPS”). In order to be a member of the World Trade Organization, a country must agree to the TRIPS Agreement and provide protection to intellectual property in the above areas. The ratification of TRIPS Agreement impacted the present situation of Intellectual Property because this is the agreement that enforced Intellectual Property Protection worldwide with 164 members (“Membership”), and the debate between developing countries and developed countries could only have been prompted because of the global implementation of Intellectual Property Rights Protection. If Intellectual Property Rights were never globally protected by the TRIPS Agreement, developing countries would have continued with imitating and would never have argued
Hamister, J., & Braunscheidel, M. (2013). Software piracy and intellectual property rights protection. Academy of Information & Management Sciences Journal, 16(1), 15-35. Retrieved from EBSCOhost
Governments of some developing countries often express doubts about introducing strong international Intellectual Property Rights and legislation into their framework. Most developing countries will most often base their scientific research and economy on the employment of foreign basic technology imported from industrialized countries. Both of these areas can be negatively affected by IP protection that is too strong. Developed countries often don’t take into account that while strict regulations of Intellectual Property is, at times, necessary to protect copyright holders, that the same strict IP laws limit how developing countries can interact with them.
A Worldwide Problem Software piracy is defined as the illegal copying of software for commercial or personal gain. Software companies have tried many methods to prevent piracy, with varying degrees of success. Several agencies like the Software Publishers Association and the Business Software Alliance have been formed to combat both worldwide and domestic piracy. Software piracy is an unresolved, worldwide problem, costing millions of dollars in lost revenue. Software companies have used many different copy protection schemes. The most annoying form of copy protection is the use of a key disk. This type of copy protection requires the user to insert the original disk every time the program is run. It can be quite difficult to keep up with disks that are years old. The most common technique of copy protection requires the user to look up a word or phrase in the program's manual. This method is less annoying than other forms of copy protection, but it can be a nuisance having to locate the manual every time. Software pirates usually have no trouble "cracking" the program, which permanently removes the copy protection. After the invention of CD-ROM, which until lately was uncopyable, most software companies stopped placing copy protection in their programs. Instead, the companies are trying new methods of disc impression. 3M recently developed a new technology of disc impression which allows companies to imprint an image on the read side of a CD-ROM. This technology would not prevent pirates from copying the CD, but it would make a "bootleg" copy differ from the original and make the copy traceable by law enforcement officials (Estes 89). Sometimes, when a person uses a pirated program, there is a "virus" attached to the program. Viruses are self-replicating programs that, when activated, can damage a computer. These viruses are most commonly found on pirated computer games, placed there by some malignant computer programmer. In his January 1993 article, Chris O' Malley points out that if piracy was wiped out viruses would eventually disappear (O' Malley 60). There are ways that a thrifty consumer can save money on software without resorting to piracy. Computer companies often offer discounts on new software if a person has previously purchased an earlier version of the software. Competition between companies also drives prices low and keeps the number of pirated copies down (Morgan 45). People eventually tire or outgrow their software and decide to sell it.
13. Fan Zhang and Dennis Xie, Chinese Copyright Protection Has Storied History, Strong Future, http://www.sourcetrix.com/docs/Whitepaper-China_Intellectual_Property.pdf
There are many human rights being violated in China. Throughout these years citizens of China have been forced to have abortion, denied freedom of religion and sold children into slavery. There is no way of changing the grave effects of the people in China. Equality should be greatly enforced.
Because of its intangible nature, and particularly the increase of the digital domain and the internet as a whole, computers and cyber piracy make it easier for people to steal many forms of intellectual property. Due to this major threat, intellectual property rights owners’ should take every single measure to protect their rights. Unless these rights are either sold, exchanged, transferred, or appropriately licensed for use in exchange for a monetary fee, they should be protected at all cost. In order to protect these rights, the federal and states governments have passed numerous laws and statutes to protect intellectual property from misappropriation and infringement. “The source of federal copyright and patent law originates with the Copyright and Patent ...
Physical piracy-the copying and illegal sale of hard-copy CDs, videotapes, and DVDs-costs the music industry over $4 billion a year worldwide and the movie industry more than $3.5 billion. These numbers do not factor in the growing (and difficult to measure) problem of Internet piracy, in which music and movies are transferred to digital format and copies are made of the resulting computer file. Journalist Charles C. Mann explains why Internet piracy has the potential to be vastly more damaging to copyright industr...
Since the WTO never defined “public interest” or “national security” in means of limiting their own states network, this leaves full rain for China (Mengin73). World community through the WSIS in both Geneva and Tunis had deemed both the United States and China are correct in the realm of Internet governance (Saleem 328).
All around the world, people connected to the internet are downloading free digital content through P2P file sharing software. Intellectual property rights are being violated as people are downloading free content through P2P (Peer 2 Peer) networks, and illegal websites online. Production companies can’t do anything about that because developers of this type of software can’t be blamed for what people share.
Intellectual property laws, principles and best practices can vary tremendously from nation to nation and are subject to almost constant change, particularly in the rapidly developing Asian market. In order to be distinctive and successful, therefore, it’s imperative that the company’s strategy has been specifically tailored to the Asian market based on environmental analysis.
It's important to understand the different software piracy channels, not just to comply with the law but also to protect against bigger economic problems like lost revenue...and lost jobs.
Intellectual property is information, original ideas and expressions of the persons mind that have profitable value and are protected under copyright, patent, service mark, trademark/trade secret regulation from replication, violation, and dilution. Intellectual property includes brand items, formulas, inventions, data, designs and the work of artists. It is one of the most tradable properties in the technology market.