The copyright industry covers products from books, recordings and music, to films, videos and TV programming, to computer software for business and entertainment. After China joins the WTO, the country will be obliged to open its copyright industry as promised in the Sino-US bilateral agreement on China's WTO accession to other member states under the WTO rules. The impacts on China's different copyright sectors vary according to different promises. For instance, the Chinese government promised to open the computer software sector and the audiovisual sector and permit foreign investors to set up enterprises through joint ventures.

Li Shunde, vice director of the Intellectual Property Center under Chinese Academy of Social Sciences, said China should get ready in two aspects before it enters the WTO -- change the double standard on copyright protection and adjust the culture industry.

The protection of domestic works stipulated in China's existing Copyright Law is not on a par with the protection extended to member states' works by the Berne Convention for the Protection of Literary and Artistic Works. That is to say, domestic works enjoy less protection than foreign ones according to these two laws. In addition, Chinese laws and regulations do not include protection of some artistic products such as practical artistic works while foreign countries extend protection to these products.

In Li Shunde's view, removal of the double standard to improve protection of domestic works is just a matter of time. If this issue is not downright settled, many problems will arise with increasing Sino-foreign exchanges after China joins the WTO. His view was echoed by many other experts.

How long will it take to remove the double standard? Li revealed that legislators have come to this issue in revising copyright-related laws and regulations but have not decided whether to remove the standard. But it is sure that the revision will beef up copyright protection and reduce the gap between protection levels of domestic and foreign works. The revised Regulations for the Protection of Computer Software obviously increased efforts in protecting domestic copyrighted products. It appears that the double standard has drawn much attention but the complete removal still takes some time.

Since two years ago, many people have been analyzed challenges and opportunities to be brought about by China's WTO entry, and they have long gone through the stage of "cry wolf" and come to identify their own advantages and seek countermeasures. It is the same case with the culture industry. Li Shunde thinks that copyright trading is carried out based on the willingness of both parties and trade itself does not involve the matter of equality. It is impossible for the culture industry to resist foreign products and enterprises by adopting policies favoring domestic copyrights but there's a room for the government to provide certain protections and guidance in a certain period and gradually improve the culture industry. Most importantly, the culture industry should adjust itself to meet the market situation.

It has been agreed in the WTO rules that member states can maintain protective measures to services trade, which includes the culture industry, in five years. It means that all countries have the right to support and develop their own culture industries under the basic principles of the WTO. However, the culture industry cannot pin home on the government's supportive policies but to increase its consciousness of market and competition, launch market-oriented products and services, and realize the unique values of Chinese cultural products with national flavor in the international market.

(Source: Legal Daily, Author: Xu Jin)