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Ernest Miller Ernest Miller pursues research and writing on cyberlaw, intellectual property, and First Amendment issues. Mr. Miller attended the U.S. Naval Academy before attending Yale Law School, where he was president and co-founder of the Law and Technology Society, and founded the technology law and policy news site LawMeme. He is a fellow of the Information Society Project at Yale Law School. Ernest Miller's blog postings can also be found @
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May 18, 2005

Copyright Infringement in China and China's DMCA

Posted by Ernest Miller

The following is roundup of recent articles regarding China's infringing ways - everyone always talks about it, but no one seems to do anything.

The Washington Times runs a UPI wirestory (Calls for Chinese Crackdown on Piracy):

However, Zimmerman [a lawyer who represents multinational companies on various issues and who is on the panel of arbitrators for the International Court of Arbitration] said part of the blame fell on the businesses because they were afraid to confront the Chinese government.
The Financial Express runs a Reuters wirestory (US may take China to WTO on $200 bn piracy):
The US Chamber of Commerce has estimated US companies lose more than $200 billion in China each year because of sales of counterfeited and pirated goods.

But most US business groups "have been a little slow coming forward with the evidence" the United States needs to bring a WTO complaint against China for failing to enforce its intellectual property right laws, [US Deputy Secretary of State Robert] Zoellick said.

The LA Daily News (Piracy in Russia Rampant):
[Rep. Howard Berman, D-Van Nuys,] criticized the Bush administration for not having filed any WTO actions dealing with piracy against China. "That's billions of dollars in our economy."
China's DMCA?

The English-language People's Daily Online reports that China has approved new internet copyright regulations, probably in response to international criticism (China to Implement First Administrative Regulations on Internet Copyright Protections):

"China's present copyright laws haven't defined the responsibilities clearly to the Internet Service Providers (ISP) in copyright piracies, that's why we introduce the new regulations, " said Li Guobin, the official with the MII on Sunday. The measure, published on April 30, clarifies that websites providing pirated information should bear major responsibilities, and that ISPs who passively spread the information will be exempt from punishment.

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