The 1990 Copyright Law of the People's Republic of China

Abstract

THE 1990 COPYRIGHT LAW OF THE PEOPLE'S REPUBLIC OF CHINA Yiping Yangt I. INTRODUCTION Since the adoption of the open-door policy at the end of the 1970s, China has felt strong pressure from Western nations, the United States in particular, to enact more protective intellectual property laws. The Chinese Government responded by passing the Trademark Law in 1982 and the Patent Law in 1984. Further, the long-awaited Copyright Law of the People's Republic of China (the Copyright Law ) was adopted by the 15th Session of the Seventh National People's Congress Standing Committee on September 7, 1990,1 and went into force on June 1, 1991.2 However, the promulgation of the Copyright Law did not sat- isfy many Western nations, as evidenced by episodes of diplomatic conflict between Washington and Beijing soon after its enactment. In April 1991 the United States Trade Representative (USTR) placed China on the Special 301 priority watch list ' 3 (together t LL.M., 1993, U.C. Berkeley School of Law; J.D., 1992, University of Maine School of Law; B.A., 1982, Hangzhou University, People's Republic of China. This paper was submitted to the 1992 Nathan Burkan Memorial Competition sponsored by the American Society of Composers, Authors and Publishers. The author would like to thank Professor David D. Gregory of the University of Maine School of Law for his guidance and encouragement, and Thomas French, reference librarian, for his assistance. 1. China's Copyright Law, BBC Summary of World Broadcasts, Sept. 11, 1990, available in LEXIS, Nexis Library, NEWS File. 2. Beijing Newspaper Highlights, Xinhua General Overseas News Service, May 3 1, 1991, available in LEXIS, Nexis Library, NEWS File. 3. Special 301 is a provision of the U.S. Omnibus Trade and Competitiveness Act that aims to protect American intellectual property rights in foreign countries with whom the U.S. has trade agreements. Omnibus Trade and Competitiveness Act of 1988, § 301, 19 U.S.C. §§ 2242 (a)(l), 2411 (1988). As one commentator states: Under the 'Special 301' provision ..., failure to provide adequate and effective protection for [American] intellectual property rights consti- tutes an unreasonable trade practice. The [A]ct requires the [United States Trade Representative (USTR)] to identify countries engaging in such practices or denying fair and equitable market access to [American] companies that rely on intellectual property protection. Countries so identified are designated 'priority countries.'