Jan 15, 2008

An Academic Interview == 一次学术访谈

我按:一位在欧洲做知识产权研究的朋友发给我一些有关中国知识产权执法的问题,以下选取其中一些贴出来。为了方便阅读,他的问题和我的回答都是中英双语的。Note: A friend doing research in Europe sent me some questions on Chinese IP implementation. Here are some selected answers. To facilitate reading, both his questions and my answers are bilingual here.
1. It is in many occasions argued that the confucian philosophy and its impact on the Chinese culture is one of the major factors that IPRs in China are so hard to implement. This doctrine argues that if one want to achieve excellence, he must imitate the works of the one who is doing the best work in that specific field. What are your views on this explanation on IPRs infringements?

From my experience, confusian philosophy can be a reason on why the contemporary IP law did not emerged in China but in western world, nevertheless it is hard to say that Confucianism is of a mjor factor affecting the implementation of Chinese IP Law. Although Confucianism did agree with the doctine you mentioned, it is a world wide accepted view but not only in Chinese philosophy. The international IP regime does not refuse the imitation of the best work but only prohibit those unlawful imitation. Imputing the pervasive IP infringements to the confucianism needs more empirical evidences.

2. The communist heritage is also one of the common explanations why the Chinese have such a hard time to cope with western views on IPRs. (The name of the Chinese Communist Party in chinese, Gong Chan Dang = the public property party). What are your views on this ideological explanation?

Communist ideology comes from western world also. It is too simplified to illustrate communism by its name directly. In my knowledge, the classical communist ideology that affected Chinese regime composed of three branches: dialectical materialism philosophy, Marxism political economy and Leninism. Chinese communist party claimed that it has developed them in the practice of Chinese revolution and construction. There might be some slogans, theories and regulations before 1980s are expressed anti-IPRs, but we never know whether they generally come from communism or not if we do not analize them with the social background at the time specifically.

3. The Chinese often claim that they take the problem seriously, and do all within their power to crack down on piracy. Is this in your view true? What could they do more?

Yes, as to the piracy (if we distinct the piracy from the infringement), I think the administrative orgnization has tried them best in cracking down on piracy. The problem is: the standards are often too strict (or too inefficient or unreasonable in their legislative technique) to be implemented. So the public organizations can only choose some cases to investigate and punish. This is a tragic situation to the rule of law. Hence what could the Chinese authrities should do are mainly on reviewing the exsiting regulations and policies and improving the legislative techniques, but not simply promulgate new regulations which may sounds advanced. Release the unecessary burdens to the entities in ecnomic practice should be of another focus.

4. The U.S. (or Hollywood, Microsoft and the US medical industry) are currently filing a lawsuit against China at the WTO's Dispute Settlement Body, because they feel that China has not done enough on IPR infringements. Do you think that western countries have unrealistic expectations of the Chinese government’s ability to reduce piracy?
Yes, I agree with this point. Not only China, no government in this world can reduce the piracy soly by promulgating strict laws and punishing those illegal practices. The WTO dispute settlement body is good at solving specific trade disputes but not at improving general systematic situation of a regime.

Jan 12, 2008

Center for Intellectual Property Studies at China University of Political Science and Law

Center for Intellectual Property Studies at China University of Political Science and Law

Founded and directed by Prof. ZHANG Chu, the Center for Intellectual Property Studies (CIPS) at China University of Political Science and Law (CUPL)was established in July 2005. Currently, more than twenty research fellows are working for CIPS. Each staff holds or held professional positions in prestigious institutes, , i.e. CUPL, Beihang University (BUAA), Beijing Normal University and so forth.

Professor ZHANG Chu, Director of the CIPS, is one of the most well-known Chinese experts in IP Law, E-commerce and Information & Technology Law. Before getting his PhD from CUPL in 2000, he was a visiting scholar in Columbia University in the City of New York. Besides his position in CIPS, he is the dean of Science and Technology Department of CUPL. At the same time, he is also the director of Z-Park CUPL Branch (Science and Technology Service Park of Zhongguancun), which is the first non-profit organization of legal service for Hi-tech industry in mainland China.

Based on in-depth academic studies of the leading edge of IP law, CIPS focuses its practical research on IP strategies and the application of IP law. CIPS has successfully completed more than 20 projects assigned by various governmental and private institutes such as the-National Social Science Fundation, the PRC Legislative Affairs Office of the State Council, the PRC State Intellectual Property Office, Beijing Information Office, Beijing Intellectual Property Office, Beijing Municipal Bureau of Copyright, China Mobile Communications Corporation, etc. CIPS’ researchers have also provided valuable advisory opinions for Chinese national IP and IT policies as well as legislations throughout the years.

CIPS publishes an academic journal entitled “IP Frontiers”(《知识产权前沿报告》), which presents most updated findings in arenas of IP and IT law. . Furthermore, three authoritative textbooks have been accomplished by CIPS staff: “Intellectual Property Law” (《知识产权法》, Higher Education Press 2007), “Electronic Commerce Law”(《电子商务法》, Chinese People’s University Press 2003-2007) and “Cyberspace Law”(《网络法》, Tsinghua University Press). , , . All of them are designated as the " 11th Five-Year Plan" State Textbooks Series for general higher education in China. Moreover, CIPS runs an academic website named as “Intellectual Property Lab” (www.newiplaw.com), which has a wide prominence among IP research sphere in China.

CIPS is dedicating itself into the coherence of IP practice, , legal education and academic research. CIPS has creatively engaged taught and research activities in IP Commonwealth services for Hi-tech industry. CIPS is conducting a serial of projects at comprehensive monitoring of global IP development and distribution of industrial standards. Updated information of the competitive situation of high tech in IP issues is continuously provided. By these projects, CIPS can evaluate competitive status of specific industry with the relevance to IP. CIPS can also provide IP alerts to industries as well asclear IP barriers for Chinese industries and relevant infrastructures, as well as propose and supervise the implementation of IP strategy for industries Additionally, CIPS can conduct patentability researchand provide defensive searches for enterprises. Furthermore, CIPS provides IP clearance and case advisories for small and medium-sized enterprises. Last but not least, several conferences, seminars and workshops on IP are held by CIPS from time to time.

CIPS has actively participated in academic and professional activities both nationally and internationally. We have engaged in academic relationships with institutes in the US, Germany, South Korea and so forth. Meanwhile, CIPS is constantly inviting prominent scholars and experts with governmental and non-governmental background taking lectures in the campus of CUPL. CIPS’ visiting scholar program is opening for both Chinese and abroad experts all year round..
Address: Center for IP StudiesRoom 101 CUPL Press Bd., No.25 Xitucheng Road, Haidian District, Beijing 100088, P.R. China Tel: +86-10-58908009 Fax: +86-10-58908007Website: http://www.newiplaw.com E-mail: iplaw@newiplaw.com