IP Key China Work Achievement: Copyright and Related Rights

With the new advances in technology in the digital landscape, the expansion of virtual marketplaces and fresh business models are reshaping the copyright system. As a result, many aspects of copyright, including legislation, enforcement and the types of cooperation used, need to be adapted. Faced with a challenging environment, IP Key China has continuously explored and implemented a variety of cooperation practices. It achieves this with the participation of multiple stakeholders, who respond positively to EU copyright holders in the Chinese market.

Throughout this phase of the project (2017-2022), IP Key China has delivered a comprehensive package of benefits through the EU-China cooperation in copyright and related rights. What follows is a list of the activities, events and studies so far:

1. Mission:
   - Mission to the EU on the Reform of China’s Patent and Copyright laws with the Legislative Affairs Commission (LAC), Standing Committee of the National People’s Congress of the PRC (May 2018, Madrid, Prague, Rome – Europe)
2. Seminar:
   - EU-China Roundtable on Copyrights in the Digital Environment with the NCAC (December 2018, Guangzhou – China)
   - EU-China Roundtable on Copyright Protection and Licensing in the Digital Environment with the NCAC (September 2019, Shanghai – China)
3. Exchange:
   - IP Café on Copyright with the South China University of Technology (December 2018, Guangzhou – China)
4. Study:
   - Study on Research and Compilation of Legislation on Copyrights Protection in the EU and China | IPKEY (2020-2021)

This copyright study explores the main challenges that the current Chinese copyright system poses to European copyright-intensive industries. It identifies several types of infringement that are especially threatening to European rights holders. Furthermore, it analyses whether and to what extent the recent reforms – which have not yet been tried and tested – to the copyright system are capable of handling these when compared to EU model legislation.

After extracting current copyright legislation, proposals will be made with regard to future consultations between European and Chinese representatives. Wherever possible, these proposals are based on EU model law. The current copyright legislation needs further improvement, particularly in the areas of service provider liability in online content sharing, and the circumvention of technical protection measures. There is also a need for increased technical cooperation between rights holders and internet platforms.

In the next phase, IP Key China will prioritise the protection of copyright and related rights at the destination market. It will do this by enhancing its coordination and communication with multiple copyright stakeholders represented by intermediaries, such as e-commerce, social media, and telecommunications service providers. All these intermediaries are taking on an increasingly important role in curbing piracy and infringement, as are traditional copyright enforcement bodies.

IP Key China will provide the new copyright package to respond to the concerns and the issues faced by EU rights holders in China. The new copyright package will aim to protect their valuable creations and unique ideas.

Please stay tuned to IP Key China. Your opinions and ideas are vitally important to the future of EU-China cooperation on copyright.

Related video: Answers to your most common copyright questions across Europe