IPR CONFERENCE EXPLAINS HOW TO BRING ADMINISTRATIVE

UNCLAS GUANGZHOU 027721 SIPDIS USDOC FOR 4420/ITA/MAC/MCQUEEN, DAS LEVINE STATE FOR EB/TPP MASSINGA, FELSING STATE PASS COPYRIGHT FOR TEPP STATE PASS USPTO FOR DUDAS, BROWNING, BOLAND, ANTHONY, NESS STATE PASS USTR FOR MENDENHALL, MCCOY, ESPINEL, CELICO USDOJ FOR SUSSMAN DHS/CPP FOR PIZZECK USPACOM FOR FPA SENSITIVE SIPDIS E.O. 12958: N/A TAGS: KIPR ECON PGOV CH SUBJECT: IPR CONFERENCE EXPLAINS HOW TO BRING ADMINISTRATIVE AND JUDICIAL ACTIONS AGAINST IPR VIOLATORS IN GUANGDONG ¶1. (U) SUMMARY: CHINESE REPRESENTATIVES FROM A VARIETY OF IPR-RELATED ORGANIZATIONS TOLD US BUSINESSES HOW TO BRING JUDICIAL AND ADMINISTRATIVE ACTIONS TO PROTECT THEIR IPR AT A RECENT CONFERENCE IN SHENZHEN. CONFERENCE SPEAKERS EXPLAINED TO U.S. BUSINESSES THE LEGAL FRAMEWORK IN CHINA THAT DEALS WITH IPR PROBLEMS, AND HOW TO PROTECT THEIR INTELLECTUAL PROPERTY. END SUMMARY. ¶2. (U) THE "CHINA-US SEMINAR ON ADMINISTRATIVE AND JUDICIAL COPYRIGHT PROTECTION PRACTICES," SPONSORED BY THE SHENZHEN INTELLECTUAL PROPERTY OFFICE AND THE TRADE FACILITATION OFFICE OF THE U.S. EMBASSY IN BEIJING, AND CO-SPONSORED BY THE INTERNATIONAL FEDERATION OF THE PHONOGRAPHIC INDUSTRY (IFPI),THE MOTION PICTURE ASSOCIATION (MPA),THE BUSINESS SOFTWARE ALLIANCE (BSA),AND MICROSOFT CORPORATION, TOOK PLACE IN SHENZHEN ON AUGUST 4. ¶3. (U) LIU XU, FROM THE SHENZHEN PUBLIC SECURITY BUREAU, DISCUSSED THE FIRST TOPIC, "HOW TO PROSECUTE A CRIMINAL COPYRIGHT CASE FOR INVESTIGATION." IN THIS SPEECH, LIU GAVE AN OVERVIEW OF THE NECESSARY REQUIREMENTS AND STEPS FOR A PRIVATE COMPANY TO FILE A COMPLAINT OR CLAIM AGAINST AN ALLEGED IPR VIOLATOR. LIU STRESSED THAT HAVING SPECIFIC EVIDENCE IS OF THE UTMOST IMPORTANCE, SINCE VAGUE ACCUSATIONS WOULD NOT STAND UP TO REVIEW. WANG GUOBIN, IN HIS SPEECH, "FULLY PERFORMING PROCURATORIAL FUNCTIONS AND STRENGTHENING COPYRIGHT JUDICIAL PROTECTION," PROVIDED SIMILAR BACKGROUND INFORMATION ON THE PRACTICES OF INVESTIGATING COPYRIGHT INFRINGEMENTS. ¶4. (U) IN "THE CHALLENGES FOR RIGHTS HOLDERS OF AUDIO- VISUAL, FILM, AND TELEVISION PRODUCTS," REPRESENTATIVES FROM THE SHENZHEN COPYRIGHT AGENCY CENTER EXPLAINED HOW DIFFICULT IT CAN BE TO PROTECT THE RIGHTS OF MEDIA THAT IS SO EASILY DISTRIBUTED. THERE ARE MANY WAYS IN WHICH IPR VIOLATIONS CAN TAKE PLACE, SOMETIMES WITH THE PARTICIPANTS NOT EVEN REALIZING IT IS HAPPENING, THEY SAID. FOR EXAMPLE, WHEN KARAOKE EQUIPMENT IS SOLD TO A KARAOKE BAR, IT OFTEN COMES PRE-LOADED WITH NUMEROUS SONGS. HOWEVER, AS ONE SPEAKER POINTED OUT, "IT IS IMPOSSIBLE FOR OPERATORS OF KARAOKE BARS, AS INDIVIDUAL OPERATORS, TO SOLVE THESE QUESTIONS," SINCE THEY HAVE NO CONTROL OVER WHERE THE PRE-LOADED SONGS COME FROM. THUS IPR VIOLATIONS SOMETIMES BECOME SO INTEGRATED WITH NORMAL BUSINESS PRACTICES THAT THEY BECOME VERY DIFFICULT TO COMBAT. (NOTE: GUANGDONG OFFICIALS ARE CONSIDERING INSTITUTING A PER-SONG FEE FOR KARAOKE USERS. END NOTE.) ¶5. (U) THE AFTERNOON PORTION OF THE CONFERENCE FEATURED ADDITIONAL INFORMATION ON HOW THE ADMINISTRATION OF IPR PROTECTION WORKS IN GUANGDONG. LI QINGFENG FROM THE COPYRIGHT DIVISION OF THE SHENZHEN INTELLECTUAL PROPERTY OFFICE DISCUSSED THE "PRACTICES OF ADMINISTRATIVE PROTECTION OF COPYRIGHT AND CRIMINAL REFERRALS." JUDGE LUO JIANQING FROM THE SHENZHEN INTERMEDIATE PEOPLE'S COURT EXPLAINED HOW A COPYRIGHT CASE IS ADJUDICATED IN CHINA. AND JUDGE JIANG BO FROM THE SHENZHEN NANSHAN DISTRICT PEOPLE'S COURT GAVE AN INTRODUCTION ON "PRACTICES OF THE COMBINED CIVIL, CRIMINAL, AND ADMINISTRATIVE ADJUDICATION ON IPR CASES." ¶6. (U) MANY SPEAKERS POINTED OUT THAT EDUCATION IS AN IMPORTANT TOOL IN THE FIGHT AGAINST COPYRIGHT INFRINGEMENT. AS THE REPRESENTATIVE FROM THE MOTION PICTURE ASSOCIATION ARGUED, "THE MOST IMPORTANT THING IS TO AROUSE CONSUMERS TO RESPECT AND SUPPORT IPR, THEREBY CHANGING SOCIAL CULTURE." ACCORDING TO THESE REPRESENTATIVES, PEOPLE MUST LEARN THAT IPR VIOLATIONS WILL NEVER CREATE TAX REVENUES, ENCOURAGE INVESTMENT IN THE PRODUCTION OF FILM AND TV, OR ENCOURAGE CREATIVITY; THE FIGHT AGAINST IPR VIOLATIONS MUST THEREFORE BE BOTTOM-UP AS WELL AS TOP-DOWN. COMMENT -------------- ¶7. (U) ACCORDING TO AN INFORMAL SURVEY OF THE AUDIENCE, WHICH WAS MOSTLY COMPRISED OF REPRESENTATIVES FROM PRIVATE ENTERPRISES HAVING TO DO WITH FILM, SOFTWARE, MUSIC, TELEVISION, OR OTHER TECHNOLOGY VULNERABLE TO IPR VIOLATIONS, THE BACKGROUND INFORMATION SUPPLIED IN THE CONFERENCE WAS USEFUL. THE CONFERENCE NOT ONLY GAVE AN OVERVIEW OF SPECIFIC IPR PRACTICES IN CHINA THAT THESE COMPANIES CAN LATER USE TO PROTECT THEIR IPR; MANY SPEAKERS ALSO SUPPLIED PHONE NUMBERS, ADDRESSES, AND E-MAIL ADDRESSES OF IMPORTANT OFFICES THAT DEAL WITH IPR ISSUES. THE FOCUS OF THE CONFERENCE, AND THE ATTENTION ITS ORGANIZERS PAID TO GIVING SPECIFIC INFORMATION, INDICATES THAT THE CHINESE GOVERNMENT IS MOVING BEYOND THE GENERAL RHETORIC ABOUT IPR TOWARD HELPING BUSINESSES UNDERSTAND THE PRACTICAL WAYS, WITHIN CHINA'S CURRENT LEGAL FRAMEWORK, THEY CAN USE TO PROTECT THEIR IPR. END COMMENT. MARTIN