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China promised on
Tuesday to get tougher on copyright and patent violations, a
long-awaited move to crack down on piracy.
In a new interpretation
of the law governing intellectual property rights, the country's top
court lowered the bar for treating violations as crimes and laid out
prison terms of up to 7 years for the worst offenders.
The interpretation,
debated behind closed doors for much of the year, aims to stamp out
piracy of everything from software to golf clubs.
We should not only
sentence such offenders in a determined manner, but also make it
economically impossible for the criminals convicted and sentenced to
commit the crime again, Cao Jianming, vice-president of the Supreme
People's Court, told a press briefing in Beijing.
Cao said the court had
firmed up legal definitions of terms such as without permission of the
copyright owner and reproducing and distributing to make it easier to
prosecute offenders.
The legal ruling comes
amid heightened awareness within China over the pitfalls of counterfeit
products following a fake milk powder scandal that killed 13 babies and
made nearly 200 others sick.
LITTLE DETERRENT
U.S. officials and
businesses have complained that so far it has been too difficult to
prosecute violators, and successful cases have almost always resulted in
modest fines that do little to deter the problem.
They have also
complained that while the central government appears serious about
tackling piracy, local officials and police have often been reluctant to
act.
Violations are
widespread, with DVDs of the latest Hollywood blockbusters selling on
the streets for less than $1.
A report issued recently
by the office of U.S. Trade Representative (USTR) Robert Zoellick
alleges that Chinese copyright violations alone are estimated to cost
U.S. companies up to $3.8 billion a year.
The piracy isn't
confined to media, however. Industrial firms such as U.S. car giant
General Motors have complained that Chinese companies have copied their
designs, and knock-offs of the latest Louis Vuitton and Nike styles can
be bought for a fraction of the price of the legitimate product.
Protecting IP rights is
necessary not only for China's honoring of its international promises,
creating a favorable trade and investment environment and... improving
the quality of the economy, Cao said.
According to the new law
interpretation, if an offender reproduces or distributes, with the
approval of copyright owners, 5,000 or more copies of literary, music,
movie, TV or video works, computer software or other works, the offender
should be sentenced to 3-7 years in prison on charge of the crime of
copyright violation, and be also subjected to financial penalty.
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