IP Empowers Overseas Development of Cultural and Creative Enterprises, a Way Out in the Post-pandemic Era (V)

July 4, 2022

On June 28, the Seminar on Overseas Intellectual Property Protection of Cultural and Creative Enterprises was jointly organized by the World Intellectual Property Organization (WIPO) Office in China and the China Audio-video Copyright Association (CAVCA) in Beijing in the hybrid form. Ms. Liu Hua, Director of WIPO Office in China (WOC), Mr. Zhou Yaping, Vice President and Acting Director-General of the CAVCA, Mr. Wenxue, Counsellor of WOC and Mr. Wang Qian, Professor of the East China University of Political Science and Law attended the Seminar and made presentations.

Liu Hua said that in the post-pandemic era, intellectual property (IP) has become a core element in building back better and promoting sustainable development. The value of global intangible assets, mainly represented by intellectual property rights such as patents, trademarks and copyrights, has reached US$65.7 trillion, accounting for 54% of global listings. Countries around the world are reflecting the increasing investment in innovation and creative industries and increasing importance of protecting this investment through IP locally and globally. As the platform for IP, innovation and creation, WIPO is a golden knowledge asset, empowering a wide range of users, including cultural and creative enterprises, through five sets of keys such as policy forum, registration systems, databases, cooperation platforms and capacity building platform.

Liu Hua stressed that copyright is an important component of IP and WIPO has been committed to copyright protection. She highlighted WIPO's five copyright-related cooperation platforms: the Accessible Book Consortium, WIPO Alert, the Access to Research for Development and Innovation program, WIPO Connect, and WIPO for Creators, and she noted that WIPO also provides time- and cost- effective mediation and arbitration services for cross-border IP disputes for cultural and creative enterprises.

Liu Hua mentioned that China has made remarkable achievements in the fields of innovation and creation and IP. 2021 saw China's copyright industry with an industry value added of RMB 7.51 trillion, accounting for 7.39% of GDP and ranking first in the world in exports of creative products. She said that the entry into force of the Beijing Treaty on Audiovisual Performances and the Marrakesh Treaty in China are milestones for both China and the international copyright sector. The WOC will continue to strengthen cooperation with Chinese stakeholders to help Chinese cultural and creative enterprises use IP to go global.

(From Left) Mr. Zhou Yaping, Vice President and Acting Director-General of the CAVCA, Mr. Wenxue, Counsellor of WOC and Mr. Wang Qian, Professor of the East China University of Political Science and Law

Zhou Yaping introduced the progress the CAVCA has achieved in recent years in terms of membership, collection of royalties and litigation. Zhou Yaping expressed that copyright collective management organizations in China face both opportunities and challenges. On the one hand, the new right to remuneration under Article 45 of the newly amended Chinese Copyright Law has further protected the interests of sound recording producers, while new technologies and new businesses have broadened the scope of royalties. On the other hand, the bargaining power of all parties is currently uneven, and users' awareness of copyright has yet to be raised. In the future, the CAVCA will actively negotiate with copyright owners and industry associations on issues such as rates and billing models.

Wen Xue highlights the links and distinctions between brands and trademarks. As the logo of a brand, a trademark is an important intangible asset of an enterprise. He highlighted that both copyright and trademark need to be protected in the brand building process for cultural and creative enterprises. International registration of trademarks is essential if enterprises wish to enter overseas markets and enhance the global competitiveness of their brands. Under the WIPO Madrid system, rights holders can easily, efficiently and cheaply register their trademarks in multiple countries

Based on the principles of copyright law and abundant practical cases, Wang Qian explained the identification of three types of subjects - authors, performers and producers of sound recordings - and the personal and property rights they each enjoy. Wang Qiang analysed in depth the right to remuneration of sound recording producers, taking into account the concerns of cultural and creative enterprises, and explained in detail the legal nature, the applicable circumstances of the right to remuneration, and the difference between the right to remuneration and the statutory licence.

The seminar is aimed to enhance the cultural and creative enterprises' understanding of domestic and foreign intellectual property legal and service systems, improve their ability of cross-border application and protection of IP, and promote the development of China's cultural and creative industries. More than 70 representatives from major music companies, record companies, cultural media companies and CAVCA attended the seminar.