I am not a lawyer, nor do I claim to be an expert on intellectual property law. However, I have had a fair amount of exposure to the impact of international trade agreements specifically related to trademark and patent rights through the negotiation of contracts with international customers and suppliers (including Chinese, Japanese, and Russian companies) of my past employers. I have also done quite a bit of research in the area of international copyright law.

International law regarding Intellectual Property Rights (IPR) is similar to most any other international law in that it is comprised primarily of treaties, conventions, and agreements by the member states of international organizations. There is no single entity which is responsible for the administration or enforcement of international law of any type, and for the most part, the laws are only effective to the extent that the member nations administer and enforce their own national laws in compliance with the various treaties and international conventions. In essence, it amounts to an honor system, and historically, some nations have been more honorable than others.

In addition, the various agreements are at times in conflict with each other and not all nations recognize, observe, or are party to all of the agreements in any aspect of international law. Despite these inherent weaknesses in the system of international law, with the improvements in modern communication and increase in international trade, the agreements
are becoming more consistent, and in many areas, compliance is improving globally. It is far from perfect, but it is the best that we have for now.

Following is a short list of international conventions, treaties and other agreements pertaining to International Copyrights. It is not an all-inclusive list, but I believe it does include most of the major agreements. All links are to official sites of the relevant administrative organizations.

Convention Establishing the World Intellectual Property Organization (WIPO)
http://www.wipo.int/treaties/en/convention/index.html
NOTE: China, Japan, and Russian Federation are contracting parties to the convention.

Berne Convention for the Protection of Literary and Artistic Works
http://www.wipo.int/treaties/en/ip/berne/index.html
NOTE: China, Japan, and Russian Federation are contracting parties to the convention.

Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms http://www.wipo.int/treaties/en/ip/phonograms/index.html
NOTE: China, Japan, and Russian Federation are contracting parties to the convention.

WIPO Copyright Treaty (WCT) http://www.wipo.int/treaties/en/ip/wct/index.html
NOTE: Japan is a contracting party, China and Tussian Federation are not, but neither are Australia and UK.

Agreement between the United Nations and the World Intellectual Property Organization http://www.wipo.int/treaties/en/agreement/index.html
NOTE: China, Japan, and Russian Federation are contracting parties to the agreement.

Agreement Between the World Intellectual Property Organization and the World Trade Organization http://www.wipo.int/clea/docs/en/wo/wo030en.htm
NOTE: China, Japan, and Russian Federation are contracting parties to the agreement.

World Trade Organization: Trade-Related Aspects of Intellectual Property Rights (TRIPS) http://www.wto.org/english/tratop_e/trips_e/trips_e.htm
NOTE: China and Japan are Member Nations, Russian Federation is an Observer on Accelerated Schedule for Accession.

So why am I posting all this? There are three reasons.

1. To provide for those members that have an interest access to the facts according to official sources of information.

2. I have personal friends, and professional acquaintances in China, Japan, and Russia. I do not want to imply that I have any influence in those countries whatsoever. But I can, and am willing to, assist any artist here on WC in contacting and/or communicating with relevant parties in those countries regarding protecting their copyrights. I will not assist or advise anyone on any legal aspects of this issue, as I am not qualified to do so. You should retain your own counsel for this. I will only assist in facilitating communication.

3. A recent thread here regarding a "Chinese ripsite" contained remarks and allegation regarding "[common] Eastern culture" and mentioned "the 'Russias', China and Japan" specifically. It was also stated that violation of copyrights "is NOT considered an offense" in those countries. I find those remarks culturally insensitive at least, personally offensive to me and many people I know in those countries, and patently false. I provided those links to prove that respect for copyrights is in fact a part of the culture, and that violations of copyright laws are in fact an offense in those countries.

I want to add here that I am neither blind, ignorant nor naive. I am very well aware that individuals in those countries have and continue today to violate copyrights and other IPR laws, and that the governments of those nations have done very little or nothing in many cases. But neither the violators nor the government comprise the culture of a country. In fact, quite often, the government of a nation is at distinct odds with the majority of its citizens and its own culture. Piracy and other copyright violations are by no means unique to "Eastern culture", either. This is a worldwide problem with blatant violations on a grand scale. To single out "[common] Eastern culture" is ridiculous as well as offensive.

There is no [common] Eastern culture. The three countries cited specifically have no more in common culturally than any other three nations picked at random from any hemisphere. There will be those that will respond by saying, "But look at how many websites in those countries offer rips and illegal wares." My response to them is, first, you're right. But those countries have made some progress in changing their laws and have committed to further change as well as better enforcement. As an example, I refer you to the most recent report of the WTO/TRIPS regarding China Legislation. http://docsonline.wto.org/gen_searchResult.asp?searchmode=advanced&c2=@meta_Symbol&c4=@Doc_Date&o4=%3E%3D&c5=@Doc_Date&o5=%3C%3D&c6=@meta_Serial_Num&c3=@meta_Title&c8=@Derestriction_Date&o8=%3E%3D&c9=@Derestriction_Date&o9=%3C%3D&q0=%28+@meta_Countries+China%29+%26+%28+@Posting_Date++%3E%3D+2004%2F01%2F01+00%3A00%3A00%29+%26+%28@Posting_Date+%3C%3D+2004%2F06%2F17+23%3A59%3A59%29&q4=&q5=&q8=&q9=&collections=&q2=&ddsday=&ddeday=&q6=&restriction_type=&q3=&subjects=&q1=TRIPS+compliance&ct=DDFEnglish&countries=China&organizations=&products=&articles=&bodies=&types=&drsday=&dreday=&meet_date=&dpsday=01%2F01%2F2004&dpeday=17%2F06%2F2004&mh=&advresult=off&multiparts=on&scndformat=off&search=Search&searchtype=advanced. An abstract of the report provided by the State Intellectual Property Office (SIPO) of the People's Republic of China which summarizes this information is available here: http://www.sipo.gov.cn/sipo_English/gftx_e/zyhd_e/t20040414_28095.htm. Of particular interest may be the section on Administrative Enforcement of Copyright. And second, I would say, do the math. Those countries collectively represent nearly one-fourth of the world population. When you take into account only those more developed nations where computer literacy and access are more prevalent, the percentage is significantly greater.

Are there serious problems with IPR in China, Russia, and Japan? Absolutely. Can the governments of those countries do more to strengthen IPR and enforce those laws against violators? No doubt. But I reemphasize that these problems are not unique to those countries, and officially or otherwise, it is not part of their culture anymore than it is part of the culture of Australia, United Kingdom, United States, or any other developed country. And it is certainly not part of a [common] Eastern culture.






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