Warc, 2 May 2014
BEIJING: China is taking steps to strengthen intellectual
property protection, as a revised trademark law comes into effect and officials
crack down on pirated video.
The new law took effect from the start of May and sees
Chinese and foreign enterprises treated equally. The maximum fine payable for
infringements increases by six times, while the processing of trademark
applications is speeded up and sounds can now be registered.
When the legislation was first passed, Xu Ruibiao, director
of the Trademark Bureau said it would become easier for foreign trademark
holders to protect their rights.
"We have provided protection for nearly all the
well-known foreign brands in China," he said. "Foreign enterprises
should be confident in the fairness of trademark protection in the Chinese
market."
Actions appear to be backing those words as Xinhua reported
a crackdown on piracy in the online video industry.
Police in Shenzhen have raided the headquarters of QVOD
Technology, a supplier of internet entertainment products, following
allegations the company was distributing pornographic content.
Just weeks earlier the company was forced to shut its
servers after the National Copyright Administration said it, along with the
video service offered by search engine Baidu, was violating copyrights.
Wang Xin, chief executive officer of QVOD Technology,
admitted that pirated content had helped the business expand quickly. "But
times have changed and rules have changed," he said. "If we wish to
survive, we must abide by the rules."
Some observers were less optimistic. Writing in Forbes,
Michael Zakkour, principal China/Asia Pacific Practice at the consulting firm
Tompkins International, agreed there had been a move towards greater respect
for intellectual property (IP) but argued this had been minimal.
The reality is he said, that "IP theft, 'borrowed
ideas' and fake products are still as big a problem as ever in China, and
copycat culture still presents a major threat to China's continued
development".
He cited the experience of lawyer Dan Harris who had seen
little change in the past decade in terms of a client's IP being copied in
China. "If anything, that copying has only increased as interaction
between foreign and Chinese companies increases," Harris said.
Data sourced from Xinhua, Forbes; additional content by Warc
staff
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