VZCZCXYZ0014
RR RUEHWEB

DE RUEHGZA #7721 2290658
ZNR UUUUU ZZH ZUI RUEWMCF3574 2300501
R 170658Z AUG 06 ZDK RUEHSD #0000W 2290746
FM AMCONSUL GUANGZHOU
TO RUEHC/SECSTATE/WASHDC/0000
INFO CHINA POSTS COLLECTIVE
RUCPDOC/USDOC WASHDC
RUEAIIA/CIA WASHDC
RUEKJCS/DIA WASHDC
RHHMUNA/HQ USPACOM HONOLULU HI

UNCLAS GUANGZHOU 027721 
 
SIPDIS 
 
USDOC FOR 4420/ITA/MAC/MCQUEEN, DAS LEVINE 
STATE FOR EB/TPP MASSINGA, FELSING 
STATE PASS COPYRIGHT FOR TEPP 
 
 
 
 
STATE PASS USPTO FOR DUDAS, BROWNING, BOLAND, ANTHONY, NESS 
STATE PASS USTR FOR MENDENHALL, MCCOY, ESPINEL, CELICO 
USDOJ FOR SUSSMAN 
DHS/CPP FOR PIZZECK 
USPACOM FOR FPA 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KIPR ECON PGOV CH
SUBJECT: IPR CONFERENCE EXPLAINS HOW TO BRING ADMINISTRATIVE 
AND JUDICIAL ACTIONS AGAINST IPR VIOLATORS IN GUANGDONG 
 
 
¶1. (U) SUMMARY: CHINESE REPRESENTATIVES FROM A VARIETY OF 
IPR-RELATED ORGANIZATIONS TOLD US BUSINESSES HOW TO BRING 
JUDICIAL AND ADMINISTRATIVE ACTIONS TO PROTECT THEIR IPR AT 
A RECENT CONFERENCE IN SHENZHEN.  CONFERENCE SPEAKERS 
EXPLAINED TO U.S. BUSINESSES THE LEGAL FRAMEWORK IN CHINA 
THAT DEALS WITH IPR PROBLEMS, AND HOW TO PROTECT THEIR 
INTELLECTUAL PROPERTY.  END SUMMARY. 
 
¶2. (U) THE "CHINA-US SEMINAR ON ADMINISTRATIVE AND JUDICIAL 
COPYRIGHT PROTECTION PRACTICES," SPONSORED BY THE SHENZHEN 
INTELLECTUAL PROPERTY OFFICE AND THE TRADE FACILITATION 
OFFICE OF THE U.S. EMBASSY IN BEIJING, AND CO-SPONSORED BY 
THE INTERNATIONAL FEDERATION OF THE PHONOGRAPHIC INDUSTRY 
(IFPI), THE MOTION PICTURE ASSOCIATION (MPA), THE BUSINESS 
SOFTWARE ALLIANCE (BSA), AND MICROSOFT CORPORATION, TOOK 
PLACE IN SHENZHEN ON AUGUST 4. 
 
¶3. (U) LIU XU, FROM THE SHENZHEN PUBLIC SECURITY BUREAU, 
DISCUSSED THE FIRST TOPIC, "HOW TO PROSECUTE A CRIMINAL 
COPYRIGHT CASE FOR INVESTIGATION." IN THIS SPEECH, LIU GAVE 
AN OVERVIEW OF THE NECESSARY REQUIREMENTS AND STEPS FOR A 
PRIVATE COMPANY TO FILE A COMPLAINT OR CLAIM AGAINST AN 
ALLEGED IPR VIOLATOR.  LIU STRESSED THAT HAVING SPECIFIC 
EVIDENCE IS OF THE UTMOST IMPORTANCE, SINCE VAGUE 
ACCUSATIONS WOULD NOT STAND UP TO REVIEW.  WANG GUOBIN, IN 
HIS SPEECH, "FULLY PERFORMING PROCURATORIAL FUNCTIONS AND 
STRENGTHENING COPYRIGHT JUDICIAL PROTECTION," PROVIDED 
SIMILAR BACKGROUND INFORMATION ON THE PRACTICES OF 
INVESTIGATING COPYRIGHT INFRINGEMENTS. 
 
¶4. (U) IN "THE CHALLENGES FOR RIGHTS HOLDERS OF AUDIO- 
VISUAL, FILM, AND TELEVISION PRODUCTS," REPRESENTATIVES FROM 
THE SHENZHEN COPYRIGHT AGENCY CENTER EXPLAINED HOW DIFFICULT 
IT CAN BE TO PROTECT THE RIGHTS OF MEDIA THAT IS SO EASILY 
DISTRIBUTED.  THERE ARE MANY WAYS IN WHICH IPR VIOLATIONS 
CAN TAKE PLACE, SOMETIMES WITH THE PARTICIPANTS NOT EVEN 
REALIZING IT IS HAPPENING, THEY SAID.  FOR EXAMPLE, WHEN 
KARAOKE EQUIPMENT IS SOLD TO A KARAOKE BAR, IT OFTEN COMES 
PRE-LOADED WITH NUMEROUS SONGS.  HOWEVER, AS ONE SPEAKER 
POINTED OUT, "IT IS IMPOSSIBLE FOR OPERATORS OF KARAOKE 
BARS, AS INDIVIDUAL OPERATORS, TO SOLVE THESE QUESTIONS," 
SINCE THEY HAVE NO CONTROL OVER WHERE THE PRE-LOADED SONGS 
COME FROM.  THUS IPR VIOLATIONS SOMETIMES BECOME SO 
INTEGRATED WITH NORMAL BUSINESS PRACTICES THAT THEY BECOME 
VERY DIFFICULT TO COMBAT.  (NOTE: GUANGDONG OFFICIALS ARE 
CONSIDERING INSTITUTING A PER-SONG FEE FOR KARAOKE USERS. 
END NOTE.) 
 
¶5. (U) THE AFTERNOON PORTION OF THE CONFERENCE FEATURED 
ADDITIONAL INFORMATION ON HOW THE ADMINISTRATION OF IPR 
PROTECTION WORKS IN GUANGDONG.  LI QINGFENG FROM THE 
COPYRIGHT DIVISION OF THE SHENZHEN INTELLECTUAL PROPERTY 
OFFICE DISCUSSED THE "PRACTICES OF ADMINISTRATIVE PROTECTION 
OF COPYRIGHT AND CRIMINAL REFERRALS." JUDGE LUO JIANQING 
FROM THE SHENZHEN INTERMEDIATE PEOPLE'S COURT EXPLAINED HOW 
A COPYRIGHT CASE IS ADJUDICATED IN CHINA.  AND JUDGE JIANG 
BO FROM THE SHENZHEN NANSHAN DISTRICT PEOPLE'S COURT GAVE AN 
INTRODUCTION ON "PRACTICES OF THE COMBINED CIVIL, CRIMINAL, 
AND ADMINISTRATIVE ADJUDICATION ON IPR CASES." 
 
¶6. (U) MANY SPEAKERS POINTED OUT THAT EDUCATION IS AN 
IMPORTANT TOOL IN THE FIGHT AGAINST COPYRIGHT INFRINGEMENT. 
AS THE REPRESENTATIVE FROM THE MOTION PICTURE ASSOCIATION 
ARGUED, "THE MOST IMPORTANT THING IS TO AROUSE CONSUMERS TO 
RESPECT AND SUPPORT IPR, THEREBY CHANGING SOCIAL CULTURE." 
ACCORDING TO THESE REPRESENTATIVES, PEOPLE MUST LEARN THAT 
IPR VIOLATIONS WILL NEVER CREATE TAX REVENUES, ENCOURAGE 
INVESTMENT IN THE PRODUCTION OF FILM AND TV, OR ENCOURAGE 
CREATIVITY; THE FIGHT AGAINST IPR VIOLATIONS MUST THEREFORE 
BE BOTTOM-UP AS WELL AS TOP-DOWN. 
 
COMMENT 
------- 
¶7. (U) ACCORDING TO AN INFORMAL SURVEY OF THE AUDIENCE, 
WHICH WAS MOSTLY COMPRISED OF REPRESENTATIVES FROM PRIVATE 
ENTERPRISES HAVING TO DO WITH FILM, SOFTWARE, MUSIC, 
TELEVISION, OR OTHER TECHNOLOGY VULNERABLE TO IPR 
VIOLATIONS, THE BACKGROUND INFORMATION SUPPLIED IN THE 
 
 
CONFERENCE WAS USEFUL.  THE CONFERENCE NOT ONLY GAVE AN 
OVERVIEW OF SPECIFIC IPR PRACTICES IN CHINA THAT THESE 
COMPANIES CAN LATER USE TO PROTECT THEIR IPR; MANY SPEAKERS 
ALSO SUPPLIED PHONE NUMBERS, ADDRESSES, AND E-MAIL ADDRESSES 
OF IMPORTANT OFFICES THAT DEAL WITH IPR ISSUES.  THE FOCUS 
OF THE CONFERENCE, AND THE ATTENTION ITS ORGANIZERS PAID TO 
GIVING SPECIFIC INFORMATION, INDICATES THAT THE CHINESE 
GOVERNMENT IS MOVING BEYOND THE GENERAL RHETORIC ABOUT IPR 
TOWARD HELPING BUSINESSES UNDERSTAND THE PRACTICAL WAYS, 
WITHIN CHINA'S CURRENT LEGAL FRAMEWORK, THEY CAN USE TO 
PROTECT THEIR IPR.  END COMMENT. 
 
MARTIN