AS4AFA
RESTRICTED
that they allow generous copying of books for academic purposes; that their coverage of broadcasting royalties is inadequate; that they give very wide exemptions on copying etc for government institutions (which of course covers a vast range of Chinese bodies); and that they contain inadequate mechanisms for judicial action on copyright breaches.
5. The danger in this is that the Chinese will attempt to do an early bilateral deal with the US so as to meet US concerns, but more importantly as part of the Chinese attempts to head-off non-renewal of MFN status, which is a top Chinese priority. Action in other areas (eg human rights, arms proliferation) may be difficult for the Chinese. But trade disputes are an area where they can take relatively straightforward government action. Copyright protection may be an area they choose. I did not have time to discuss this with Commercial Section in Peking, but the British Council office certainly thought there was a real risk of such a bilateral move so as to appease the US. The risk is then that we may be left in a similar situation to Korea where US rights have been more or less adequately safeguarded but at the expense of others.
6.
I wonder therefore if it might be time for another push on this issue with the Chinese. Clearly the views of the Embassy would have to be sought on how this should be tackled. But in view of the US pressure time is getting short. Another angle that occurs to me is that this may be an issue in which we might seek to involve other EC partners. While doubtless their interests and ours in this area will not precisely coincide, there would presumably be a general EC wide interest in seeking to ensure that the Chinese as far as possible met Berne convention commitments rather than going for a bilateral deal with the US.
7. I am copying this letter to David Love in OT2 who may have some thoughts following his visit to China. And to Martin Ellis in the British Council.
your sincerely
Ararew tea...
A J Seaton
Far Eastern Department
cc: Mr Love, OT2, DTI
Mr Ellis, British Council
RESTRICTED
Page 30Page 31
No comments yet.
Private notes are available after approval.