SARFT Notice Concerning Printing and Circulation of the “Opinions on the Implementation of the Radio and Television Intellectual Property Rights Strategy”
12 November 2010
On 12 November, SARFT has issued the ‘SARFT Notice Concerning Printing and Circulation of the “Opinions on the Implementation of the Radio and Television Intellectual Property Rights Strategy”‘ to all provincial, autonomous region and municipal radio, film and television bureaus, the Xinjiang Production-Construction Corps radio and television bureau, all SARFT organ departments and all directly subordinate work units, the Notice says that, in order to implement the spirit of the 5th plenum of the 17th Party Congress, according to the “National Intellectual Property Rights Strategy Outline” and the “Cultural Industries Promotion Plan”, SARFT formulated the “Opinions on the Implementation of the Radio and Television Intellectual Property Rights Strategy”, which had been passed by the SARFT departmental meeting. It is hereby issued to you; please earnestly implement it in integration with reality.
Opinions on the Implementation of the Radio and Television Intellectual Property Rights Strategy
According to the “National Intellectual Property Rights Strategy Outline” and the “Cultural Industries Promotion Plan”, in order to implement the spirit of the 5th plenum of the 17th Party Congress, substantially raise radio and television intellectual property rights creation, utilization and management capacities, establish innovative radio and television undertakings and industries, promote the great development and great flourishing of radio and television, these Implementation Opinions are formulated.
1, The intellectual property rights system is a basic system for development and utilization of knowledge resources, respecting creative labour and encouraging innovation, it is an important content of establishing a State ruled by law and a sincere society, it is an important support for raising cultural innovation capacity construction and developing cultural undertakings and industries. Radio and television are important components of cultural undertakings and industries, are sectors closely related to intellectual property rights, intellectual property rights are a strategic resource and core factor for radio and television undertakings and industries’ development. Implementing the radio and television intellectual property rights strategy benefits stimulating the realization of leapfrogging development in radio and television, fully giving rein to the important function of radio and television in guiding society, educating the people and promoting development, satisfying the people’s incessantly increasing spiritual culture needs, safeguarding national culture and ideological safety, making radio and television having an even larger function in economic development path transformation and construction of an innovative country.
II General requirements
2, Raising high the banner of socialism with Chinese characteristics, taking Deng Xiaoping Theory and the important “Three Represents” thought as guidance, deeply implementing the scientific development view, according to the requirements of the spirit of the 5th Plenum of the 17th Party Congress and the “National Intellectual Property Rights Strategy Outline”, according to the important policy of encouraging creation, effective utilization, protection according to the law and scientific management, promoting the complete implementation of the “National Intellectual Property Rights Strategy Outline” in the field of radio, film and television. Striving to perfect the radio, film and television intellectual property rights system, vigorously creating a beneficial intellectual property rights environment, completely placing social interest first, realizing the unification of economic interest and social interest. Substantially raising the radio, film and television intellectual property rights creation, utilization, protection and management capacities, incessantly innovating radio, film and television production and dissemination methods, strengthening the vitality of the innovative development of radio, film and television, producing a marked effect for promoting the cultural industries to become a national industry backbone industry and stimulating the great development and great flourishing of culture.
III, Strategic objectives
3, By the year 2020, our country’s radio, film and television intellectual property rights creation, utilization, protection and management levels will acquire a relatively large increase. Especially in the period of the “12th Five-Year Plan”, the radio, film and television intellectual property rights law system will be further perfected, promoting the radio, film and television public opinion guidance capacity, cultural innovation capacity, creation and management capacity and brand influence to increase markedly, the radio, film and television market development environment and market environment are to be further perfected, international competitivity is to strengthen markedly, radio, film and television technology standard systems are to be basically established, indigenous intellectual property rights possession is to progressively increase, technological support strength is to strengthen markedly, a batch of radio, film and television enterprise and undertaking work units and brand channels and frequencies, and column programmes, having a well-known brand is to be formed, a class of high-quality radio, film and television intellectual property rights talent teams is to be trained.
IV, Main tasks
4, Stimulating the establishment and implementation of radio, film and television intellectual property rights protection system. Vigorously and actively participating in the legislation revision work of the “Copyright Law” and formulation and revision work of other radio, film and television intellectual property rights legal systems relating to network film and television copyright, etc.. Guiding radio, film and television enterprise and undertaking work units in well implementing intellectual property rights laws and regulations such as the “Copyright Law”, “Trademark Law”, “Patent Law”, “Anti Unfair Competition Law”, “Radio Station and Television Station Broadcasting Sound Recordings Remuneration Payment Trial Rules”, etc. Vigorously participating in the formulating of the World Intellectual Property Organization “Treaty on the Rights of Broadcasting Organizations”. Further standardizing radio stations and television stations’ lawful use of works, raising radio stations and television stations’ consciousness of respecting creation and respecting intellectual property rights. Together with relevant entities, conducting post-legislation assessments of laws, regulations and rules concerning radio, film and television intellectual property rights.
5, Encouraging radio, film and television intellectual property rights creation. Taking intellectual property rights creation as an objective, shaping radio, film and television creative industry groups. Energetically implementing radio, film and television excellent product projects, persisting in grasping creativity and stimulating originality, supporting content creation and production, raising the original creation capacity of television dramas, cartoons and documentaries. Developing burgeoning radio, film and television business forms, strengthening diversification of delivery capacity, satisfying the people’s daily increasing needs of radio, film and television programme content. Perfecting art creation incentive mechanisms, content appraisal mechanisms and technological invention award mechanisms, establishing and perfecting subsidies, prizes, popularization and review mechanisms for work creation. Encouraging radio stations and television stations to strengthen brand establishment of station logos and columns, shaping a batch of radio, film and television screening and production business organizations having excellent product brands. Expand and strengthen a batch of programme content production enterprises, raise the level of intensification of business, promoting resources in the radio, film and television area to integrate and restructure. Encouraging and guiding radio, film and television enterprise and undertaking work units to strengthen cooperation with high-level colleges and universities, and scientific institutions, establishing joint intellectual property rights creation mechanisms for industry, study and research.
6, Stimulating radio, film and television intellectual property rights utilization. Stimulating radio, film and television intellectual property rights marketization and brand formation. Establishing fair and orderly radio, film and television copyright exchange markets, in the “12th Five-Year Plan” period, promoting establishment of two to three radio, film and television programme exchange platforms. Promoting establishment of radio, film and television programme copyright information databases and examination and approval information databases, effectively raising lawful film and television work credibility and distinguishability. Strengthening indigenous brand utilization. Raising radio, film and television enterprise and undertaking work units’ capacity to utilize indigenous brands, supporting development of indigenous brand operation methods such as franchising operations, etc., raising indigenous brands’ international popularity and influence. Developing patented radio, film and television technology, such as mobile and multimedia radio and television, cable digital television, etc, encouraging development of high-technology programmes having indigenous intellectual property rights, promoting radio, film and television system technology upgrade. Energetically supporting indigenous patented technology to become technology standards adapted to market requirements. Taking digitalization and networking as main threads, taking the integration of three networks as juncture, strengthening standardizing plans, perfecting standardizing systems, strengthening technology standard formulation work in important areas such as HD television, mobile and multimedia radio and television, next-generation transmission networks, digital film, etc. Guiding radio, film and television work units in comprehensive utilization of patents, trademarks and copyright in conducting multimedia dissemination of original radio, film and television works, reproductions, derivative products and image products, operations and sales through many channels and multi-level development, extending radio, film and television industry chains, shaping radio, film and television multi-sided profit models, fully excavating the whole benefit of radio, film and television products.
7, Raising radio, film and television intellectual property rights protection levels. Establishing and perfecting radio, film and television intellectual property rights protection systems. Taking intellectual property rights protection as backing, constructing radio, film and television innovation environments. Exploring the establishment of radio, film and television copyright authentication systems and assessment systems, reasonably differentiating radio, film and television works’ copyright status and copyright value. Establishing and perfecting radio, film and television system business secret protection mechanisms. Guiding and aiding radio, film and television enterprise and undertaking work units in conducting business secret protection of information such as operational methods, sales strategies, customer lists, advertising minimum bids and work use remuneration values, etc. Appropriately dealing with the relationship of radio, film and television enterprise and undertaking work units’ business secret protection and reasonable personnel flow. Developing and popularizing technological protection measures. Developing digital film copyright protection technology, researching and popularizing indigenous digital film system standards, developing network film and television programme content encoding technology and encryption management systems.
8, Perfecting radio, film and television intellectual property rights management mechanisms. Researching and formulating radio, film and television intellectual property rights management standards. Accelerating the establishment of systems such as radio, film and television enterprise and undertaking work units’ internal copyright contract management, station logo symbol management, brand title registration management, etc., promoting intellectual property rights law document demonstration versions. Shaping intellectual property rights management structures in which administrative radio, film and television entities, sector organizations and enterprise and undertaking work units jointly participate, exploring the establishment of intellectual property rights early warning mechanisms, foreign rights protection mechanisms, vigorously participating in the establishment and perfection of intellectual property rights dispute settlement mechanisms. In major economic activities, conducting investigation of intellectual property rights matters, especially paying attention to protection of radio, film and television copyright, trademark rights, patent rights and relevant business secrets. etc., against infringement. In the process of radio, film and television reform and development, such as enterprise structural reform, share holding systems, upscaling, intensification, etc., avoiding loss of intangible assets such as trademarks, business names, column titles, etc. Establishing and perfecting media resource management systems. Encouraging radio, film and television enterprise and undertaking work units to establish copyright information registration systems, conducting digitized transfer and copyright registration management for radio, film and television works.
9, Implementing special campaigns attaching intellectual property rights infringement. Guiding comprehensive culture market law enforcement organs and radio, film and television law enforcement organs to implement national special campaigns attaching intellectual property rights infringement and production and sale of fake and poor quality products, coordinate with corresponding entities and organs such as Industry and Commerce, Press and Publications (Copyright), Customs, Public Security, the courts, etc., to sternly investigate and prosecute intellectual property rights infringement and piracy, and unlawful or criminal activities relating to the radio, film and television sector. Strengthening supervision work over audiovisual programme service websites broadcasting legal programmes, sternly attacking Internet infringement and piracy, focusing on attacking television drama work infringement and piracy activities. Strengthening supervision over television shopping activities, focusing on attacking swindling activities using radio, television and networks to sell fake and poor quality products infringing intellectual property rights. Expanding software legalization work strength. Before the end of May 2011, completing the SARFT software legalization special investigation and reform work. Focusing on investigating office software and antivirus software utilization situations. All levels’ administrative radio, film and television entities and radio, film and television enterprise and undertaking work units purchasing or updating computer office equipment must at the same time organize the necessary software purchase resources, taking software as capital to be brought into the entity’s property management system and media property management system, purchased software office equipment must conform to the requirements of pre-installed legal operating system software, for updates of computer operating systems, legal products must be used.
10, Expanding intellectual property rights propaganda strength. Fully giving rein to the superiority of radio, film and television, establishing radio, film and television intellectual property rights propaganda systems, through many methods, vigorously developing propaganda report work concerning intellectual property rights, shaping intellectual property rights propaganda work systems with political guidance, media support and broad audience participation. Organizing well intellectual property rights culture propaganda dissemination in focal times such as the “26 April” World Intellectual Property Rights Day and the “4 December” Legal System Propaganda Day, etc., shaping an intellectual property rights culture respecting knowledge, upholding innovation, sincerity and law-abiding.
11, Strengthening international cooperation and cultural exchange. Innovating radio, film and television “stepping out” models, strengthening radio, film and television international competitiveness and influence. Fully utilizing international film and television festivals, expanding domestic film and television works’ foreign sales strength. Promoting the establishment of foreign programme popularization platforms, encouraging radio, film and television enterprise and undertaking work units to utilize intellectual property rights systems to participate in international market competition, raising international dissemination capacity. Continuing to strengthen exchanging and cooperation with international organizations such as the World Intellectual Property Organization, the Asian Broadcasting Union, the European Broadcasting Union, the Asia-Pacific Institute for Broadcasting Development, etc. Researching new international radio, film and television intellectual property rights problems, paying close attention to understanding, consulting and learning from thinking and methods resolving problems concerning intellectual property rights in international organizations and other nations.
V, Guarantee steps
12, Strengthening organizational guidance, implementing responsibility systems. All levels’ administrative radio, film and television entities must, from the heights of strategy and the overall situation, attach great importance to and strengthen intellectual property rights work, coordinate and cooperate with corresponding entities’ intellectual property rights legislation, law enforcement and adjudication work, bring intellectual property rights work into the important matters agenda. SARFT shall formulate, according to the annual “National Intellectual Property Rights Strategic Implementation and Promotion Plan” and the “Chinese Intellectual Property Rights Action Plan”, annual radio, film and television intellectual property rights protection plans. All directly subordinate work units shall integrate their respective responsibilities and tasks, taking concrete tasks implementing intellectual property rights plans into the annual work unit work. radio, film and television enterprise and undertaking work units must establish and perfect legal systems and intellectual property rights work entities, achieving that they have administrative organs, administrative staff and work funding. Developing radio, film and television intellectual property rights sector management organizations, guiding and supporting sector self-discipline organizations, such as the Chinese Film Copyright Union, the China Radio and Television Association Broadcast Copyright Management and Protection Committee, Television Copyright Committee, Internet Audiovisual Programme Service Self-Discipline Union, etc., in launching their work.
13, Developing intellectual property rights theory research. Strengthening research concerning radio, film and television intellectual property rights theory, cases and management of practical affairs, completing the compiling work of the “Radio, Film and Television Intellectual Property Rights Casebook”. Establishing and perfecting intellectual property rights strategic implementation assessment systems, regularly conducting phased assessment of trade, film and television strategy implementation opinions, promoting the implementation of these Opinions.
14, Strengthening radio, film and television intellectual property rights training and talent team establishment. Broadly developing intellectual property rights training activities of radio, film and television system officials, enterprise and undertaking work units’ management personnel, technical personnel and work creating personnel, realistically strengthening mastery of intellectual property rights work of all levels’ guiding cadres and backbone staff. Accelerating radio, film and television intellectual property rights talent training. Starting from the year 2011, strengthening cooperation with higher education and scientific institutions, jointly establishing radio, film and television intellectual property rights talent-training bases and practice bases, developing radio, film and television intellectual property rights record education. Continuing to implement the “Radio, Film and Television Distinguished Personnel Training Project Implementation Opinions” and the ” Radio, Film and Television Youth Innovation Talent Project Implementation Opinions”, in the entire nation’s radio, film and television sector, selecting and training a batch of talents understanding radio, film and television law, and also having intellectual property rights work skills as well as distinguished personnel and youth innovative talents. Establishing radio, film and television intellectual property rights talent supply and demand databases, stressing the introduction of foreign high-level talents, reasonably and orderly guiding intellectual property rights talents’ mobility and deployment. Innovating radio, film and television intellectual property rights talent assessment systems. Perfecting professional job titles evaluation mechanisms for radio, film and television intellectual property rights management staff, encouraging radio, film and television enterprise and undertaking work units to establish internal intellectual property rights talent achievements assessment incentive mechanisms.