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Zhipei, Jiang --- "Legal Protection of Copyright and Trademarks in Cyberspace in China" [2007] ELECD 202; in Torremans, Paul; Shan, Hailing; Erauw, Johan (eds), "Intellectual Property and TRIPS Compliance in China" (Edward Elgar Publishing, 2007)

Book Title: Intellectual Property and TRIPS Compliance in China

Editor(s): Torremans, Paul; Shan, Hailing; Erauw, Johan

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845428754

Section: Chapter 6

Section Title: Legal Protection of Copyright and Trademarks in Cyberspace in China

Author(s): Zhipei, Jiang

Number of pages: 14

Extract:

6. Legal protection of copyright and
trademarks in cyberspace in China
Hon. Jiang Zhipei*

INTRODUCTION
Alongside the rapid development of the IT industry in China in recent years,
IT use also increased. In December 2005, there were 111 million Internet
users, 49.5 million Internet-connected computers and more than 690 000 of
websites in China. Judged by the number of Internet users, China has over-
taken Japan and is second only to the USA in the world. Computer networks
have had a deep impact on all sections of Chinese society. At the same time,
the clash of interests of different civil entities in this environment has given
rise to illegal conduct, infringements and crimes which in turn have led to
endless cases in Chinese courts. Among these cases, disputes regarding
network copyright and trademarks are the first issues that presented them-
selves at centre stage and that attracted the attention of the state, society and
the general public. China's Copyright Law (amended 2001) has established
the right of disseminating information through networks. Although the
amendment to the Trademark Law in 2001 has failed to take the Internet
development into consideration, it clarifies the threshold for well-known
trademarks, which provides the basis to protect well-known trademarks in
cyberspace. Furthermore, a legal mechanism of protecting network copy-
right, trademark and domain names was established before and after the
amendments of the Copyright Law and the Trademark Law. This has
provided a regulatory instrument with a uniquely charming character ...