HKCO31/19
La Platja AY ́ ́PSWIRLANABLEDATA 13 GA
FEC 124/1
1^ APR 1991
REPORT ON A VISIT BY A UK DELEGATION TO CHINA
TO DISCUSS COPYRIGHT LAW: FEBRUARY 1991.
„JNI LIVET BY PERTANIANO
SUMMARY AND CONCLUSIONS
1.
A useful visit which the Chinese appeared to welcome. It included three meetings with the National Copyright Adminstration of China, and meetings with the Chinese Copyright Agency, the Ministry of Machinery and Electronics Industries (re computer software), Professor Zheng Changsi and regional administrators and publishers in Shanghai. The US Embassy met the delegation at a working breakfast at their request, and I briefed the First Secretary (Commercial) at the British Embassy. The Composition of the delegation and the names of the people we met are at Annex A.
2. We received no clear indication when or by what route China will extend protection to foreign works, but on many points of apparent conflict between the new Chinese copyright law and the Berne Convention we received credible assurances that no real conflict exists. We were promised clarification of some of these points in the supplementary regulations now being drafted. Any remaining conflict between national law and Berne standards would, if China were to accede to Berne or conclude a bilateral, be resolved in favour of the standards set out in the treaty by virtue of Chinese Civil law principles. The main such conflict appears to be the lack of a broadcasting right for musical works embodied in sound recordings broadcast for "non commercial" purposes.
3.
Computer programs will be protected under the copyright law but not to Berne standards. Registration may be required as a precondition to an infringement action. 25 year term likely; back-up copies and reverse engineering will be allowed.
4.
The way forward will depend on the speed with which the Chinese produce the regulations. They seem unlikely to appear by June even though the law itself then enters into force - the end of this year seems more likely. Protection of foreign works will continue to be debated for some time yet: the National Copyright Administration seem to have set their sights on Berne accession but will have to persuade the State Council. The US are keeping up the pressure under Special 301 a USTR delegation will shortly visit Beijing. We should be ready to offer a bilateral if the Berne debate becomes stalled since Chinese law seems adequate in most respects: protection for sound recordings may however be problematical.
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