By Nathaniel DeLucia

China has a rather infamous reputation when it comes to copyright protection: they have been on the United States’s “watch list” for over 25 years and are frequently the subject of international disputes and litigation.  Many efforts have been made by international bodies such as the WTO or trade partners like the U.S., to try and strengthen China’s copyright laws, but none have succeeded, that is until now.

Recently, the Chinese domestic private sector has become involved in increasing copyright protection.  The founders of Alibaba Group Holding Ltd. and Tencent Holdings Ltd. have decided to work with the Chinese government in an effort to bring China’s copyright laws more in line with international norms.  This announcement coincides with China’s creation of a new court system designed specifically to deal with copyright and patent issues, similar to the United States Federal Circuit. 

For the complete story, see Bloomberg’s article, located here.

Read More

December 05, 2014

By Min Wu

The European Parliament passed a new directive regulating the practice of authors handing their right to collect copyright licensing fees over to collective management organizations, according to IP-Watch. 

Under the new directive, the authors will be given the right to choose from different collective management organizations. The directive also sets clear deadlines for payment of the fees to the authors. Importantly, collective management organizations have to open up for alternative licenses such as Creative Commons. A European Union directive is a legislative act of the European Union, requiring the implementation by individual countries to achieve certain results.

Read More

February 14, 2014

By Min Wu

The U.K. is implementing an E.U. directive into its domestic law, so that artists who performed on sound recordings will have the benefit of an extension of copyright protection from 50 to 70 years. According to Intellectual Property Watch, the U.K. Minister for Intellectual Property praised the implementation as bring “lasting benefits” for U.K.’s “world class recording artists.”

The E.U. directive was approved by E.U. member states in September 2011 and the U.K. government has implemented the directive on time. The directive also harmonizes the length of the copyright term for co-written works.

Read More

November 28, 2013

By Min Wu

The role-playing card game “Legends of the Three Kingdoms,” also known as “San Guo Sha,” has been popular in China and is also being distributed in the U.S. However, according to the Italian publisher of the “Bang!” card game, “San Guo Sha” is a blatant copy of “Bang!”, though the Chinese game is set in ancient China instead of the Wild West.

According to Bloomberg Law, the Italian publisher sued the creator of “San Guo Sha” and its U.S. distributor in the Southern District of Texas for copyright infringement. However, even if the Italian publisher prevails on the merit of the case, enforcement of a foreign judgment in China will be a difficult issue.

Read More

November 26, 2013

 By Min Wu

By Roland DG Mid Europe Italia | Flickr

On October 2, the United States signed a historic treaty intended to alleviate the book famine for more than 300 million blind or visually impaired persons in the world. The goal of the treaty is to create exemptions in the copyright laws of signatory countries, so that copyright holders such as book publishers cannot stand in the way of the creation and distribution of works in accessible formats.

The treaty, formally known as the World Intellectual Property Organization Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled (WIPO Marrakesh Treaty), was adopted in Marrakesh, Morocco by more than 150 countries on June 27, 2013. However, the treaty will not be effective until the legislatures of at least 20 countries ratify the treaty by incorporating it into their domestic laws.

Today, less than 5 percent of the books published globally each year are made available in accessible formats such as Braille, large print text, and audio books. Publishers charge royalties for the permission to convert books into such accessible formats, which adds to the already high cost of producing books and contributes to the book famine. A treaty that relieves the copyright burden on blind persons has been the goal since the initial treaty negotiations started in 1981.

According to WIPO Director General Francis Gurry, the WIPO Marrakesh Treaty is a “balanced treaty” that will “lead to real benefits for the visually impaired.” “A Miracle in Marrakesh,” said Mustapha Khalfi, the Morocco official who announced the treaty’s adoption.

Read More

November 23, 2013

By Maurice N. Ross*

By Michael Darcy Brown, Stock Photo 45685957

The U.S. has long been the world’s leader in protecting intellectual property rights, often criticizing China, Russia, India, and countries in Latin America for lack of respect for patents, copyrights, and other intellectual property rights. China, India, and to a lesser extent Russia have made significant progress towards acknowledging the importance of respecting intellectual property rights in international trade. Ironically, however, a war is being waged within the U.S. to weaken U.S. intellectual property right laws and make it more difficult to enforce U.S. patents, copyrights, and trademarks against counterfeiters and other infringers. The outcome of this war—being waged in both federal and state legislatures within the United States—could have a profound impact on international trade. 

The “founding fathers” of the United States believed that it was crucial for the economic success of America’s fledgling democracy to provide economic incentives for those who devote their energies to developing new technologies as well as works of art, music, and literature. Thus, pursuant to Article I, Section 8 of the U.S. Constitution, Congress was empowered: “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”  

Read More

November 19, 2013