INTELLECTUAL PROPERTY LAW - WORLDWIDE

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• To Steal a Book Is an Elegant Offense: IP Law in Chinese Civilization

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  Gemwise Invest

  (not a XING member)

  To Steal a Book Is an Elegant Offense: IP Law in Chinese Civilization

  http://books.google.com.au/books?id=NahUmDXLYLwC
  
  This book looks at the evolution of copyright and other forms of IP within the chinese cultural context. The salient point is that chinese at heart believe that imitation is a form of flattery (dating back to charcoal rubbings of engraved sayings of sages). The werstern notion of property is thus imposed onto a cultural mindset ill-suited to private ownership despite attempts to codify their domestic traits (witness the abandonment of indigenous Software Law at US behest). Just like EU has moral rights which is imperfectly understood by US, Chinese understanding of "transmission" includes a concept of collaborative authorship excluded in the western usage of the term. While the IP landscape in China can be charitably characterised as a tarpit (though an improvement on prior quicksand deathtrap), attempts to redefine cultural practices as economic crimes will be an exercise in futility uness a fuller understanding of their social values can lead to practical enforcement mechanisms.
  
  • 27 Jul 2010, 12:53 am
  Gemwise Invest wrote: > http://books.google.com.au/books?id=NahUmDXLYLwC > > This book looks at the evolution of copyright and other forms of IP > within the chinese cultural context. The salient point is that > chinese at heart believe that imitation is a form of flattery (dating > back to charcoal rubbings of engraved sayings of sages). The werstern > notion of property is thus imposed onto a cultural mindset ill-suited > to private ownership despite attempts to codify their domestic traits > (witness the abandonment of indigenous Software Law at US behest). > Just like EU has moral rights which is imperfectly understood by US, > Chinese understanding of "transmission" includes a concept of > collaborative authorship excluded in the western usage of the term. > While the IP landscape in China can be charitably characterised as a > tarpit (though an improvement on prior quicksand deathtrap), attempts > to redefine cultural practices as economic crimes will be an exercise > in futility uness a fuller understanding of their social values can > lead to practical enforcement mechanisms.