Comparative perspective on the Marrakesh Treaty and China’s copyright law: Differences and similarities

Abstract

With the rapid development of globalization and informatization, the role of copyright law in balancing the rights and interests of creators and the public interest is becoming increasingly prominent. This article delves into the similarities and differences between the Marrakesh Treaty and China’s copyright law, particularly in terms of protecting the rights and interests of people with reading disabilities. The Marrakesh Treaty, as an important achievement of the World Intellectual Property Organization (WIPO), provides convenience for people with reading disabilities worldwide to access published works through limited copyright law modifications and exceptions. As a signatory of this treaty, China’s revision and implementation of its copyright law have a significant impact on the international intellectual property protection system. This article provides an overview of the background, core concepts, and limitations of the Marrakesh Treaty, and introduces the basic situation of China’s copyright law. By comparing the similarities and differences between the Marrakesh Treaty and China’s copyright law, this paper explores the provisions of both in protecting the rights and interests of people with reading disabilities, and proposes suggestions for improving China’s copyright law. These suggestions include clearly defining the scope of application of the treaty, expanding the definition of beneficiaries, adding cross-border transaction clauses for accessible works, reasonably avoiding technical protection measures, and strengthening the construction of implementation mechanisms and supervision systems. Although there are differences between the Marrakesh Treaty and China’s Copyright Law in protecting the rights and interests of people with reading disabilities, their common goal is to ensure that people with reading disabilities have equal access to cultural and educational materials through legal means, promote their social participation and cultural enjoyment. The revision process of China’s Copyright Law actively absorbs and transforms the provisions of the Marrakesh Treaty, demonstrating China’s efforts and determination in fulfilling international obligations, promoting social equity and inclusiveness.