Cross-Strait Copyright Forum To Be Held In November.

The Second Cross-Strait Copyright Forum (“the Forum”) will be held in Taiwan in November.  Taiwan’s music, publication, and design industries’ most concerned questions for entering the Chinese market are the rampant spread of pirated works and copyright protection issues.  Taiwanese industries want to resolve their questions through panel discussions during the Forum.

Delegations of high-ranking officials from organizations such as the National Copyright Administration of the People’s will also be participating in the Forum.  In order to have the Taiwanese industries’ voices heard, TIPO is planning to convene four meetings for consolidating copyright-related questions faced by Taiwan businessmen in industries such as design engineering, TV music, publications and copyright intermediary organization in China.

The Chinese Oral & Literary Copyright Intermediary Association (COLCIA) noted that copyright is not well protected in China, for example works created in Taiwan are not allowed to be published in China and the rampant spread of pirated works (among other occurrences).  Currently, the COLCIA is negotiating with the China Written Works Copyright Society, the organization responsible for managing the literary works in China, for obtaining cross licensing in order to reduce infringement issues.

The International Federation of the Phonographic Industry (IFPI) also indicated that the Taiwan record companies in China can only release musical works through local record companies.  Moreover, the competent authority in China will take at least 6 months for granting approval of public release, which creates a time gap for pirated works to run rampant in the market.

The Association of Taiwan Digital Publishing Alliances uncovered that there is a regime called Quasi-legal Infringement Notice in China.  Such regime allows the producers of pirated works to evade legal issues if no complaint is filed against them within a certain period after the publication of the pirated works.  In short, the rights of the copyright holder are severely infringed upon.

The Copyright Division of IPO indicated that this is the first time for IPO to compile a list of copyright-related issues facing by the Taiwan businessmen in China.  Despite differences of the copyright regimes between both sides of the Strait, it is still essential to establish effective channels of communication in order to protect Taiwan businessmen’s rights and interests as the exchange of copyrighted works is increasing and so is the needs of seeking copyright protection.  (2009.08)
/DC