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Many in the profession share his disgust, but few put any remedies into action. "Wang Guangxiang is not the only mainland journalist whose copyright has been violated, but not many victims bring the issue before a judge," said a leader of the All-China Journalists Association. "The legal process is dishearteningly complicated. Obstacles abound, such as the burden of collecting evidence, and raising the huge amount of money required, and setting aside the time. What's more, the accuser has to be acquainted with the legal system in the country or region where the suit is filed."

Calculating the input and output, is it any wonder many Chinese writers choose to keep silent when their works are used in unauthorized ways? This collective pliancy however encourages yet more copyright theft, and the ripple effect in other realms of the economy is being felt. High profile examples in recent years include Google scanning Chinese books and displaying them online without the consent or knowledge of their authors, and German company Okai registering five established Chinese trademarks in Europe in order to produce goods under their names in local markets.

A Sea Change

With greater exposure to the global market and better awareness of the rules of the game, Chinese citizens and businesses alike are letting go of their inherent abhorrence of getting involved in lawsuits, and instead actively seeking legal assistance whenever their rights are infringed upon. Two of the companies whose brand names were stolen by Okai brought their complaints to German courts, which later reached the verdicts that Okai's registration of the two trade marks were invalid.

Trials of this kind, especially those with rulings in favor of Chinese companies, are getting more global attention. Some examples are the logo dispute between Hunan-based Sany Heavy Industry and automaker Mercedes-Benz, the patent brawl between Chinese GFCI (Ground Fault Circuit Interrupter) manufacturer General Protecht Group Inc. and American company Leviton, Chinese rubber antioxidant producer Sinorgchem pitted against Flexsys of the U.S., not to mention the dispute between Japanese chemical company Ajinomoto and Global Bio-Chem Technology (GBT) in northeastern China.

On its own territory China moves swiftly on legal protection and redress for intellectual property rights. Several laws are already on the books owing to the first 20 years of its opening-up and reform: the Trademark Law, Patent Law, Copyright Law, and the Anti-Unfair Competition Law. These laws came into being over the course of one or two centuries in the history of developed nations. According to the Criminal Law of China, the highest sentence for piracy is seven years in jail, compared with an average of five years in Europe. Those convicted of piracy with minor consequences are often given administrative punishment, which is unfound in many developed nations.

In a louder warning against intellectual property infringement, last April the Supreme People's Court of China released its first annual report on IPR cases, disclosing on its website documentation on the biggest ten of them and 50 exemplary cases.

Statistics from the Supreme People's Court show that in 2009 IPR cases closed with local courts exceeded 30,000, a 29.7 percent rise over 2008. In addition, 1,361 IPR cases involving foreign parties and 353 more involving parties from Hong Kong, Macao and Taiwan received rulings from courts of first instance. These figures were up 19.49 percent and 56.89 percent respectively from the previous year.

Gu Hua, president of Nantong Daily, hails Wang Guangxiang's victory as a signal of Chinese journalists' lower tolerance and stronger awareness of their legitimate control over their work. Nantong was among the first Chinese cities opened to international trade and economic cooperation, and local media workers have conducted frequent exchanges with their counterparts in other parts of the world. Wang Guangxiang, for example, has made visits to 31 countries. This cosmopolite streaker has decided he is not inclined to look the other way while his crafts are usurped by the lazy and opportunistic. Mr. Gu believes wronged Chinese journalists stand a good chance of winning copyright suits in foreign courts as long as they are on the right side of the law and make the effort to defend their rights.

The National Copyright Administration has vowed legal and moral support for Chinese citizens whose copyright is violated at home or abroad as part of its efforts to fight this form of white collar crime.

In China the case of Wang Guang-xiang is perceived as the latest reminder that the law is the most effective aegis for justice in today's society.

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VOL.59 NO.12 December 2010 Advertise on Site Contact Us