Il.Principle of Automatic Protection
• II. Principle of Automatic Protection
Can works of foreigners be protected in China? ·Article2(2) Copyright enjoyed by works of foreigners according to the agreements signed by China and the States of which the authors are nationals or in which the authors domicile habitually or the international conventions to which both China and the States are members shall be protected by this Law
Can works of foreigners be protected in China? • Article 2(2) • Copyright enjoyed by works of foreigners according to • the agreements signed by China and the States of which the authors are nationals or in which the authors domicile habitually or • the international conventions to which both China and the States are members • shall be protected by this Law
Copyright automatically created? ·Copyright Law of2001 Article 4 (1)Works the publication and/or dissemination of which are prohibited by law shall not be protected by this Law. ·“Bad Work” prohibited to be published ·no copyright
Copyright automatically created? • Copyright Law of 2001 • Article 4 (1) Works the publication and/or dissemination of which are prohibited by law shall not be protected by this Law. • “Bad Work” • prohibited to be published • no copyright
“Bad Works”in China Filthy books Tibet Independence,Anti-CPC INDEPENDANCE AU TIBET RELAIS DE LA FLAMME DE UINDEPENDANCE A PARIS 轉法鳊 ·A“Bad Work"is prohibited to be published or communicated to the public in your country? Can a "Bad Work"created by a foreigner enjoy the copyright protection in China?
“Bad Works” in China • Filthy books , Tibet Independence, Anti-CPC • A “Bad Work” is prohibited to be published or communicated to the public in your country? • Can a “Bad Work” created by a foreigner enjoy the copyright protection in China?
DISPUTE DS362 WORLD TRADE ORGANIZATION Complainant:United States ·Respondent:China Third Parties:European Communities;Japan; Korea; Request for Consultationsreceived:10 April 2007 On 10 April 2007,the United States requested consultations with China concerning certain measures pertaining to the protection and enforcement of intellectual property rights in China
DISPUTE DS362 • Complainant: United States • Respondent: China • Third Parties: European Communities; Japan; Korea; • Request for Consultationsreceived:10 April 2007 • On 10 April 2007, the United States requested consultations with China concerning certain measures pertaining to the protection and enforcement of intellectual property rights in China