Copyright and the creative industries in China

Abstract

On 27 October 2001 the National People's Congress of China approved amendments to the Chinese Copyright Law that brought it closer in line with the Agreement on Trade Related Intellectual Property Rights 1994 (TRIPS) and the Berne Convention on Literary and Artistic Works of 1886. Since enacting its first copyright law in 1990 China has been engaged in the development of a copyright regime that accords with international practice. Accession to the WTO in December 2001 and associated amendments to the Copyright Law mark the latest step in the steady construction of an internationally aligned intellectual property regime.

This article will outline Chinese copyright law as it exists today comparing it with the law that exists in other countries. It will then proceed to analyse the extent to which the formal provisions of the law have permeated Chinese culture and practice in the Creative Industries.