Notice Concerning Printing and Issuing the “Copyright Work Plan in the ’12th Five-Year Plan’ Period”
GBF No. (2011)5
All provincial, autonomous region and municipal copyright bureaus, the Xinjiang Production-Construction Corps Copyright Bureau, Liberation Army General Political Department Propaganda Department Copyright Bureau, all provincial-level administrative cultural market law enforcement teams, the China Copyright Association, the China Copyright Protection Centre, all collective copyright management organizations, all work units and social organizations related to copyright:
The “12th Five-Year Plan” Period is a key period in completely constructing a relatively well-off society, and is an important period in accelerating the development of copyright work revolving around “scientific development at the core, accelerating the transformation of economic development methods as main line”. According to the “Outline of the 12th Five-Year Plan for National Economic and Social Development of the People’s Republic of China” and the National Intellectual Property Rights Strategy Outline”, and integrating the copyright work reality, the National Copyright Administration formulated the “Copyright Work Plan in the ’12th Five-Year Plan’ Period” (hereafter simply named Plan), and has determined the development objectives, main tasks and strategic objectives of the following five years of our country’s copyright work, and these are hereby printed and issued.
All provincial-level administrative copyright departments and corresponding work units must deeply implement the scientific development view, closely revolve around scientifically developing this theme and accelerating the main line of transforming development methods, hold high the banner, revolve around the larger picture, serve the people, reform and innovate, realistically grasp the implementation of the “Plan”, further complete copyright law systems, stimulate the development of the copyright industries, expand copyright law enforcement strength, raise copyright protection levels, accelerate copyright propaganda and education, create desirable copyright environments, appropriately launching international replies, expanding copyright’s foreign-related influence, striving to found a new dimension of copyright work in the “12th Five-Year Plan” Period, laying strong foundations for stimulating the grand development and grand flourishing of culture, and establishing an innovative State and the complete construction of a relatively well-off society.
National Copyright Administration
20 April 2011
Copyright Work Plan in the ’12th Five-Year Plan’ Period
The “12th Five-Year Plan” Period is a key period in completely constructing a relatively well-off society, and is the phase to storm ahead in deepening reform and accelerating the transformation of economic development methods, copyright protection’s function in stimulating economic development and cultural flourishing will become even more prominent. In order to further raise our country’s copyright creation, utilization, protection and management capacity, completely raising the overall level of copyright work, according to the “Outline of the 12th Five-Year Plan for National Economic and Social Development of the People’s Republic of China” and the National Intellectual Property Rights Strategy Outline”, this Plan is formulated.
I, During the “11th Five-Year Plan Period”, copyright work has obtained clear achievements
During the “11th Five-Year Plan” period, copyright work has persistedly taken Deng Xiaoping Theory and the important “Three Represents Thought” as guidance, deeply implemented the scientific development view, and with “raiding indigenous innovation capacity, and constructing an innovative country” as objective, vigorously moved forward the implementation of the “National Intellectual Property Rights Strategy Outline”, and obtained clear achievements in all work areas.
(1) Legal and policy systems have been incessantly perfected. During the “11th Five-Year Plan” period, our country acceded to two international Internet treaties, the “World Intellectual Property Organization Copyright Treaty” and the “World Intellectual Property Organization Performances and Phonograms” treaty; the Standing Committee of the National People’s Congress has passed the copyright law amendment; the State Council issued the “Information Network Dissemination Right Protection Regulations”, the “Provisional Radio and Television Station Broadcasting Audio Recording Remuneration Payment Rules” and other administrative regulations, and formulated the “National Intellectual Property Rights Strategy Outline”; the National Copyright Administration revised and issued the “Copyright Administrative Punishment Implementation Rules”, and issued the “National Copyright Administration Implementation Opinions Concerning Implementing the National Intellectual Property Rights Strategy Outline”; more than 10 provinces (autonomous regions, municipalities) including Beijing, Shanghai, Shandong, etc., formulated regional plans and governmental rules related to copyright regulations, and rolled out regional copyright strategy plans implementing the “National Intellectual Property Rights Strategy Outline”, our country’s copyright protection laws, regulations and policy systems have been incessantly perfected, which provided basic systemic guarantees for the healthy development of copyright undertakings.
(2) Copyright law enforcement, supervision and management strength has incessantly expanded. During the “11th Five-Year Plan” period, all levels’ administrative copyright management departments have continuously launched special discipline campaigns attacking network infringement and piracy for five years, continuously launched special discipline campaigns attacking illegally-preinstalled computer software for three years, and continuously moved enterprises’ application of legitimate software work forward for five years, on the basis of strengthening daily supervision and management, they have started quick-reaction copyright protection mechanisms during periods of important events such as the Beijing Olympics, the Shanghai Expo and the Guangzhou Asian Games, and have received desirable law enforcement results. According to statistics, during the “11th Five-Year Plan” period, all levels’ administrative copyright management departments imposed punishment in 49416 infringement and piracy cases in total, and transferred 1653 cases to the judiciary organs, 128493 work units were punished for unlawful business, tracked down 3507 underground nests, and captured 317 million copies (discs) of all kinds of pirated products, effectively frightening infringers and pirates. The work achievements of moving enterprises’ use of legitimate software forward are clear, 129 Central large-scale enterprises’ head offices nationwide completely realized software legitimization, more than 12200 large and mid-size enterprises realized the work objective of using legitimate software. Domestic and foreign relevant organs’ surveys and statistics show that our country’s software piracy rate has substantially decreased, and software copyright protection environments have clearly improved.
(3) Public copyright services and social participation systems have been basically established. During the “11th Five-Year Plan” period, public service systems bringing software and general work registration, contract filing, copyright pledging into one, with the China Copyright Protection Centre as main representative have been progressively shaped, nationwide software and general work registration quantities have raised from respectively more than 23000 and more than 152000 in 2006 to more than 81000 and more than 370000 in 2010; the establishment of the 4 collective management organizations, the China Audiovisual Collective Copyright Management Association, the China Literary Copyright Association, the China Photography Copyright Association and the China Film Copyright Association, has been approved, which shaped a relatively complete collective copyright management systems for texts, music, audiovisuals, films and photography; a batch of regularly-running copyright trade platforms bringing copyright appraisal, copyright pledge, copyright funding and copyright trade into one has been promoted and established, copyright operation market mechanisms have been incessantly perfected.
(4) Copyright propaganda and training mechanisms have been more perfect every day. During the “11th Five-Year Plan” period, copyright propaganda and training work has had clear achievements, and copyright protection propaganda and popularization work mechanisms with the “26 April World Intellectual Property Rights Day”, as well as major festival activities as carrier, with broad participation from all sorts of news media has been basically formed. Copyright training systems with leading cadres, law enforcement personnel, copyright holders, copyright entrepreneurs, etc., as main training targets have been basically established. According to investigations, our country’s citizen’s copyright understanding has risen year after year, from 60,6% in 2006 to 75% in 2010, and the legal consciousness concerning copyright protection has incessantly risen in the entire society.
(5) International exchange and cooperation has incessantly strengthened. During the “11th Five-Year Plan” period, our country strengthened exchange and cooperation with the World Intellectual Property Organization, the World Trade Organization and the Asia-Pacific Economic Cooperation Organization, and built dialogues and consultation mechanisms with developed countries such as America, Europe, Japan, Korea, Australia, etc., on questions of copyright protection, and developed traditional friendships with developing countries such as Thailand, Vietnam, Brazil, etc., our country’s foreign-related copyright protection environment has progressively been perfected.
II, The development environment facing copyright work during the “12th Five-Year Plan” Period
Internationally, following the swift development of science and technology and the incessant deepening of economic globalization, intellectual property rights have become a strategic resources in raising countries’ core competitiveness, and have become important carriers for international trade and business, intellectual property rights increasingly become key factors in raising countries’ core competitiveness and protecting intellectual property rights has already become a basic consensus between all countries in the world. But all countries and all regions in the works still diverge in questions such as which kinds of new international intellectual property rights rules to establish or which kind of intellectual property rights protection standards to formulate, developing countries and developed countries’ fights over intellectual property rights are increasingly intense. Especially the quick development of our country’s economy and culture and the incessant raising of its international prestige, has shaped a clear contrast to European and American developed countries’ economic depression, American and European countries, in order to shift their crisis onto others and shift their domestic contradictions, have politicized intellectual property rights, and incessantly exerted pressure on us on account of this. It may be expected that, within the corresponding time period hereafter, our country will face huge pressure and severe challenges from American and European countries on intellectual property rights protection problems.
Domestically, since entering the new century, the Party Centre and the State Council have given high regard to intellectual property rights work, including copyright, and have clearly put forward the strategic concept of ‘raising indigenous innovation capacity, and establishing an innovative country”, published the “National Intellectual Property Rights Outline”, and made intellectual property rights into a national development strategy to push forward, intellectual property rights protection work has gained an even larger rise of position in the larger picture of the work of the entire Party and the entire country. Following our country’s copyright protection systems’ incessant perfection, and the incessant development of our country’s copyright undertakings and copyright-related industries, at present, the Chinese copyright-related industries make economic contributions to the national economy and occupy close to 7% of the total domestic output value, the added value of industries related to copyright in the economically developed regions such as Beijing and Shanghai occupy 9 to 12% of the total domestic output value, nearing or even exceeding the overall levels of American and European countries, the function of copyright protection in stimulating economic development and cultural flourishing becomes more prominent every day. But at the same time, the phenomenon of infringement and piracy is still relatively widespread in our country, and even runs rampant in some regions and areas. Infringement and piracy not only gravely damage the lawful rights and interests of copyright holders, destroy market economy order, obstruct economic development and cultural flourishing, but also gravely influence our country’s market sincerity system construction, destroy foreign open investment environments and damage the country’s foreign and international image.
Generally speaking, whether or not copyright work can effectively meet its goals, is not simply a question of intellectual property rights, but touches upon the larger picture of Party and State work. Copyright work must stand on the height of safeguarding the national interest and the larger work picture, closely follow international copyright development trends and domestic copyright protection situations, vigorously and reliably deal with and react against domestic and international copyright matters, and make vigorous contributions to raising the nation’s innovation capacity and constructing and innovative country.
During the “12th Five-Year Plan” Period, copyright work already faces a rare opportunity, and also faces huge challenges, the opportunities are greater than the challenges, copyright work is still in an important and very hopeful strategic opportunity period. All levels’ administrative copyright management departments must, according to the requirements of “implementing the intellectual property rights strategy, perfecting intellectual property rights creation, operation, protection and management in the “Central Committee of the Chinese Communist Party Proposal Concerning Formulating the 12th Five-Year Plan for National Economic and Social Development”, , completely examine and scientifically plan their copyright work in the “12th Five-Year Plan” Period and earnestly implement it, completely raise copyright work levels in our country, and serve stimulating the national economy to develop both well and quickly, promoting the grand development and grand flourishing of Socialist culture, establishing an innovative country and completely constructing a relatively well-off society.
III, Guiding ideology and main objectives for copyright work during the “12th Five-Year Plan” Period
(1) Guiding ideology
Raising high the great banner of Socialism with Chinese characteristics, with Deng Xiaoping Theory and the important “Three Represents” thought as guidance, deeply implementing the scientific development view, earnestly implementing the “National Intellectual Property Rights Strategy Outline”, according to the principles of encouraging creation, effective utilization, protection according to the law and scientific management, striving to perfect copyright legal systems, enlarging copyright law enforcement strength, strengthening public service functions, strengthening copyright protection consciousness, strengthening international exchange and cooperation, vigorously striving to create a desirable copyright rule of law environment, market environment and cultural environment, substantially raising copyright creation, utilization, protection and management capacity, stimulating copyright-related industries to develop both well and quickly, promoting the development and flourishing of economic, cultural, science and technology undertaking, serving the construction of an innovative country and a the complete construction of a relatively well-off society.
(2) Main objectives
During the “12th Five-Year Plan” Period, copyright work must basically adapt to our country’s economic and social development level, copyright laws and policy systems must be even more finished, copyright supervision and management systems and mechanisms even more complete, copyright rule of law and social environments further improved, copyright public service systems and functions further strengthened, and copyright-related industries further strengthened. Through encouraging innovation and strengthening protection, incessantly strengthening copyright creation, operation, protection and management capacity. Forcefully supporting the creation of excellent products with clear characteristics of the nation and characteristics of the times, fostering a batch of major influential copyright-related industries and copyright enterprises, clearly raising the proportion that industries related to copyright occupy in domestic total output value as contribution to the economy, letting the understanding of copyright among the citizenry reach 80% or more, clearly reducing infringement and piracy activities, the social environment for copyright protection and the market environment for developing copyright-related industries to clearly improve, laying solid foundations for our country’s entering into the ranks of innovative countries.
IV, Copyright focus tasks during the “12th Five-Year Plan” Period
(1) Strengthening copyright service functions, perfecting public service and social participation systems
1. Strengthening public service system and mechanism construction, perfecting public copyright service systems. Further strengthening the organizational construction of copyright public service organs, strengthening copyright public service functions, strengthening copyright public service team quality, standardizing copyright public service activities, incessantly exploiting and expanding new copyright public service programmes, realistically raising copyright public service levels. Exploring the building of basic State copyright information public service platforms, providing even more information and consulting services relating to copyright to relevant departments and the social masses.
2. Innovating copyright public service models, raising copyright public service capacity. In order to lower copyright trade costs, avoid copyright market risks, stimulate copyright results’ extensive utilization, even better serving the development of copyright-related industries, it is necessary to forcefully move work registration, copyright contract registration and filing, copyright pledge registration, etc., forward, revising and perfecting the “Trial Rules on Voluntary Registration of Works” and rules on copyright contract registration and filing, unifying registration standards, standardizing registration processes, perfecting registration systems, further enlarging work registration, contract filing and pledge registration scopes and registration quantities. During the “12th Five-Year Plan” Period, software and other work registration quantities to grow annually by 8% to 20%, by the end of the “12th Five-Year Plan” Period, having a computer software annual registration quantity of about 100000-120000, and a registration quantity of other works reaching about 600000-800000.
3. Forcefully giving rein to the function of collective management organizations, sector organizations and copyright intermediary organs. Under the conditions of the daily rise of copyright marketization levels, it is necessary to fully give rein to the market subject function of collective management organizations, sector organizations and copyright intermediary organs in the process of copyright operationalization. During the “12th Five-Year Plan” Period, all levels’ administrative copyright departments must further establish the market subject position of organizations such as collective management organizations, copyright sector associations, intermediary organs, etc, further standardize their market activities, support their launching business activities according to the law, creating conditions for their development, making their function in copyright marketization increase, and make contributions to promoting the development of copyright-related industries and realizing copyright market value.
4. Adapting to copyright protection trends, exploring the establishment of copyright dispute mediation mechanisms. Copyright dispute mediation mechanisms are important methods to settle equal-level civil subjects’ disputes, reduce pressure on judiciary trials and administrative law enforcement, and realize social harmony. During the “12th Five-Year Plan” Period, it is necessary to move copyright dispute mediation mechanism construction forward, support Central-level sector organizations and provinces with developed economies (autonomous regional, municipalities), as well as central cities to establish a batch of copyright dispute mediation organs with credibility, and shape copyright civil dispute mediation mechanisms and civil copyright mediation network everywhere in the country that are linked up with judicial trials and administrative law enforcement.
(2) Encouraging copyright creation and operation, stimulating the healthy development of copyright-related industries
1. Establishing complete copyright-related industry statistics systems. Perfecting current copyright statistics systems, breaking through in the scientific nature and validity of copyright statistics work, providing basic data for the formulation of development policies for the copyright-related industries. During the “12th Five-Year Plan” Period, the National Copyright Administration and provincial (autonomous region, municipal) copyright bureaus meeting conditions must vigorously move forward the (annual) statistics and survey work on the copyright-related industries’ contribution to the national economy, perfecting statistics and survey work on the copyright-related industries’ contribution to the national economy, timely understanding and reflecting copyright-related industries development trends, providing a theoretical basis for formulating copyright-related industries development policies.
2. Promoting the establishment of open, fair and just “most valuable copyright product” appraisal, selection and award systems. According to the requirements concerning “supporting the creation of works having clear ethnic characteristics and the characteristics of the times, supporting the creation of cultural works that have difficulty in participating in market competition” in the “National Intellectual Property Rights Strategy Outline”, promoting the establishment of “most valuable copyright product” award systems, awarding excellent products with well-rounded market values and cultural market values. During the “12th Five-Year Plan” Period, annually supporting a batch of excellent product creation and market operation, strengthening the market competitiveness of excellent products of the nation.
3. Strengthening the basic construction of copyright trade. Vigorously exploring comprehensive copyright factor markets, forcefully promoting copyright trade. During the “12th Five-Year Plan” Period, supporting provinces (autonomous regions, municipalities) and central cities in the East, West, South, North and Centre of the entire country to establish a batch of comprehensive copyright trading platforms unifying functions such as trade, appraisal, pledge, investment, funding, etc,. with “standardized activities and uniform standards”, formulate corresponding rules, provide copyright information, and stimulate real-life and on-line copyright trading activities; supporting the organization of the Beijing International Book Fair, the Nationwide Book Trade Fair, the China International Copyright Fair, the China International Radio, Film and Television Fair, the China (Nanjing) International Software Fair and other large-scale copyright trade fairs, shaping copyright trade market mechanisms integrating normal conditions, fixed times and fixed locations, stimulating the broad operationalization of copyright protection achievements.
4. Moving copyright demonstration city, demonstration work unit and demonstration park (base) forward. Fully giving rein to the guiding and demonstration function of all copyright demonstration subjects in copyright protection work, realistically strengthening our country’s copyright-related industries’ indigenous innovation and market competition capacity. All levels’ administrative copyright management departments must vigorously promote that level’s People’s Governments in launching the construction of copyright demonstration cities, demonstration work units and demonstration parks (bases), during the “12th Five-Year Plan” Period, fostering the rolling our of 50 to 10 nationwide copyright demonstration cities, 3 to 5 State copyright trade bases, 5 to 10 State copyright-related industries bases, 3 to 5 State scientific research and education bases and 100 nationwide copyright protection demonstration work units, establishing nationwide copyright demonstration models. At the same time, encouraging all levels’ governments to expand input into copyright creation and operationalization, striving to spur preferential policies in finance, banking, tax revenue, import, export, etc., to be drawn into copyright industry bases and demonstration parks, promoting the establishment of copyright development funds, further stimulating copyright-related industries development.
5. Encouraging enterprises for formulate long-term copyright strategy plans, strengthening copyright creation talent training, raising indigenous copyright work exploitation capacity, optimizing copyright industry production and dissemination methods, integrating enterprise copyright development plans and corresponding State industry development plans, striving for State policy support.
(3) Perfecting propaganda and training mechanisms, raising the copyright consciousness of the masses
1. Progressively establishing normally-operating copyright propaganda dissemination and educational mechanisms with government guidance, press media support and broad participation of the social masses. Fully utilizing the “26 April Intellectual Property Rights Propaganda Week”, the “World Book and Copyright Day” as well as major national festivals and anniversaries, drawing support from all sorts of large scale activity platforms such as copyright exhibitions, etc., concentrating and developing copyright propaganda and dissemination activities in many forms, shaping strong copyright propaganda momentum. Utilizing news media’s dissemination superiority, offering many kinds of copyright knowledge themes, columns and lectures, forging copyright propaganda battlefields. Simultaneously vigorously striving with controlling education departments to bring copyright knowledge into national education systems, persisting in letting copyright protection propaganda and dissemination work to start with the youth.
2. Broadly launching copyright training activities, incessantly strengthening the copyright protection consciousness of the entire society. During the “12th Five-Year Plan” Period, all levels’ administrative copyright management departments must enlarge copyright training strength, the National Copyright Administration must launch rotational training work for governmental leaders in charge in provincial capitals and central cities nationwide, provincial level and city (district) level copyright bureau leaders as well as city (district) level copyright grass-roots law enforcement personnel ; all localities’ administrative copyright management departments must strengthen cooperation with relevant copyright sector organizations and associations, vigorously launch copyright knowledge training for copyright holders, rights holders’ organizations and commercial enterprise entrepreneurs; striving to bring knowledge related to intellectual property rights into all levels’ Party School and administrative institute training content, realistically strengthening the copyright protection consciousness of all levels’ leading cadres, grass-roots law enforcement personnel, copyright holders and enterprise operators, raising the copyright creation, operationalization, protection and management capacity of copyright-related industries market subjects.
3. During the “12th Five-Year Plan” Period, all levels’ administrative copyright management departments must adopt many kinds of methods to launch “copyright cadre project, copyright children projects, copyright talent projects, copyright public interest propaganda projects”, letting copyright protection consciousness “enter Party schools, enter schools, enter parks and enter communities”. At the same time, strengthening copyright knowledge propaganda to all sorts of social groups or organizations concentrating rights holders, users, etc, progressively shaping a desirable social atmosphere of “respecting knowledge, respecting labour, respecting creation and respecting copyright’ in the entire society.
(4) Perfecting legal and policy systems, strengthening copyright law enforcement supervision and management capacity
1. Further perfecting copyright law systems. During the “12th Five-Year Plan” Period, it is necessary to solidly move the complete revision of the “Copyright Law” forward, as well as the revision work of administrative regulations such as the “Copyright Law Implementation Regulations”, etc., accelerate the legislation work of the “Folk Literature and Art Work Copyright Protection Regulations”, revising the “Trial Rules on Voluntary Registration of Works” and drafting the “Statutory Licence Remuneration Rules for Textbooks”, fully giving rein to the basic guarantee function of constructing the legal system in strengthening copyright protection, safeguarding market order and stimulating the healthy development of the copyright-related industries.
2. Progressively perfecting administrative copyright law enforcement systems. All levels’ departments such as copyright, comprehensive cultural law enforcement, intellectual property rights, etc., must earnestly implement the spirit of the Centre concerning comprehensive administrative law enforcement reform, and within the delineated scope of the responsibility of each, earnestly implement administrative copyright law enforcement, and market supervision and management tasks. The National Copyright Administration must formulate the “Guiding Opinions on Administrative Copyright Law Enforcement”, and rationalize administrative copyright law enforcement work mechanisms. Fully giving rein to the copyright management organization, distribution, coordination, guiding, supervision and inspection tasks of central and provincial-level administrative management organs, supporting comprehensive cultural and economic administrative law enforcement organs enjoying administrative copyright law enforcement functions to launch copyright law enforcement work. All comprehensive cultural and economic administrative law enforcement organs are copyright law enforcement subjects in their administrative areas, and should clarify administrative copyright law enforcement duties, allocate corresponding copyright law enforcement forces, and implement administrative copyright law enforcement duties, implement the work deployment and task requirements of central and provincial-level administrative copyright management departments, and satisfactorily implement administrative copyright law enforcement work.
3. Persisting in copyright work mechanisms integrating “daily supervision with special campaigns”. Strengthening “daily supervision”, establishing normally-operating law enforcement mechanisms, which first must broaden their working surface, and both punish infringement and piracy activities in the traditional sphere, and attack infringement and piracy activities under network circumstances; second, must effectively utilize all sorts of law enforcement resources, and fully give rein to the function of copyright, comprehensive cultural and economic law enforcement and other administrative law enforcement departments and the comprehensive “Sweeping Pornography and Striking Illegality” coordination departments, and vigorously strive to obtain support and cooperation from departments such as public security, industry and information technology, radio and television, etc., and shape joint forces to attack infringement and piracy; third, must enforce the law through many channels, and must both launch law enforcement actions in response to complaints by rights holders, and must take the initiative to conduct investigation and prosecution of unlawful activities, and must especially be good at mobilizing social forces, and effectively attack infringement and piracy activities through reporting mechanisms. Deeply launching “special campaigns”, concentrating on attacking infringement and piracy activities that are prominently problematic in phases. During the “12th Five-Year Plan” Period, annually organizing at least one nationwide special discipline campaign aimed at infringement and piracy in areas such as software, the Internet, etc., striving to resolve prominent problems in focus regions and focus areas, completing the investigation and prosecution of key cases; establishing law enforcement investigation and prosecution case exposure platform, warning outlaws and educating the social masses. At the same time, according to the adjustment of State focus work and the change of infringement and piracy forms, timely launching other focused special law enforcement work for copyright protection.
4. Operationalizing technological means, raising copyright protection work management levels. During the “12th Five-Year Plan” Period, it is necessary to progressively construct uniform and standardized national digital network copyright supervision and management platforms, support all localities to construct copyright supervision and management platforms conforming to real needs, utilizing the supervision and management technology function of corresponding departments such as telecommunications, culture, press and publications, radio and television, etc., providing digital services, evidentiary support and technological guarantees to administrative copyright law enforcement; exploring the establishment of work mechanisms with “on-line linkage and information sharing” for administrative and criminal copyright law enforcement; further perfecting work mechanisms for transferring criminal copyright cases from administrative copyright law enforcement organs to public security organs, enlarging criminal copyright protection strength; exploring the establishment of advance warning and emergency response mechanisms for copyright protection.
5. Broadly mobilizing social forces to participate in attacking unlawful and criminal activities of infringement and piracy. During the “12th Five-Year Plan” Period, it is necessary to further perfect work mechanisms to investigate and prosecute cases, and reward reports, give rein to the function of reporting centres in attacking infringement and piracy, arouse copyright law enforcement personnel and social masses to launch their vigour in attacking infringement and piracy work, and rely on forces from all sides in attacking infringement and piracy. Supporting sector organizations, intermediary organs, etc., in establishing all sorts of anti-piracy mechanisms such as copyright protection alliances and cooperations, etc.
6. Fully giving rein to the function of foreign-related rights authentication organs in attacking infringement and piracy. Strengthening supervision, management and professional guidance to foreign rights holders’ organizations and corresponding sector associations’ rights authentication organs in China, further standardizing foreign-related copyright authentication activities, making them fully give rein to their vigorous functions in serving rights holders and works users according to the law, assisting administrative and judicial organs in attacking infringement and piracy, safeguarding the regular market order, etc.
7. Completely moving government departments and enterprises’ using of legitimate software work forward. All levels’ administrative copyright management departments must enlarge their work strength for using legitimate software, and forcefully move government departments, enterprises and work units’ legitimation of software forward. During the “12th Five-Year Plan” Period, it is necessary to completely realize the work objective the special inspection and rectification of Central, provincial, city (district) and county-level Party Committees, governments, People’s Congresses, Consultative Conferences and group organizations’ software legitimation, promoting the establishment of long-term mechanisms such as software funding guarantees, government procurement, asset management, etc., as well as systems to report the situation of all levels’ State organs’ use of legitimate software at regular times; guaranteeing that Central and provincial-level State-owned enterprises (including subordinate or branch enterprises) to completely accomplish the work objective of software legitimation, foreign-invested and privately-run enterprises’ software legitimation work, on the basis of striving to realize software legitimation in large-scale enterprises, to be progressively extended to small and mid-size enterprises. All levels’ administrative copyright management departments must organize corresponding training, inspection and examination, assessment and rewards for software legitimation, making government departments and enterprises’ legitimate software use rate rise substantially, and a basic improvement occur in our country’s software protection market environment .
(5) Strengthening international response systems, realistically safeguarding the basic national interest
1. Strengthening cooperation with related-related international organizations such as the World Intellectual Property Organization (WIPO), the World Trade Organization (WTO), the Asia-Pacific Economic Cooperation Organization (APEC), etc. In the process of building a new international copyright order, and especially in new copyright protection regimes such as “folk literature and art protection”, the “Broadcasting Treaty”, the “Performers Treaty”, etc., which are currently being developed and formulated by WIPO, as well as the development agenda, law enforcement and other major discussion topics, vigorously reflecting our appeals, taking the initiative in grasping the power of discourse, and striving for an international intellectual property rights environment beneficial to our development; vigorously participating in intellectual property right discussion topic dialogues and consultation in multilateral frameworks such as the WTO, APEC, etc., strictly dealing with major copyright discussion topics according to related international treaties and the relevant provisions of our country’s domestic law, realistically safeguarding the national interest.
2. Vigorously moving bilateral copyright exchange and cooperation forward. Strengthening the Sino-American, Sino-European, Sino-Japanese, Sino-Australian, Sino-Russian and other important bilateral copyright links and communications, in line with the principle of “strengthening communication, vigorous cooperation, eliminating misunderstanding, seeking common ground while accepting differences”, appropriately dealing with copyright protection questions in the trading relationship with American and European developed countries, dissolving intellectual property rights disputes, striving for a bilateral international environment benefiting our development.
3. Establishing and perfecting international copyright response work mechanisms. Following the understanding of new international copyright protection development trends, and especially new situations and new tendencies in copyright protection in European and American copyright protections, timely grasping foreign related copyright work trends. Strengthening the links and communications of departments such as foreign affairs, commerce, patenting, trademarks, customs, culture, etc., with legislation and judiciary departments, researching countermeasures, unifying the line of action, establishing and completing advance international response planning systems, systems to ask for instructions and reporting, sudden incident response systems, shaping an effective foreign-related copyright international response and linkage mechanisms.
4. Strengthening the construction of international copyright response affairs expert teams. During the “12th Five-Year Plan” Period, it is necessary to further strengthen foreign-related copyright team construction and talent training, forge a batch of copyright affairs expert backbones with strong political qualities, high professional levels, strong research capacity, a good foreign language basis, that are well acquainted with international and domestic copyright protection systems. At the same time, it is necessary to fully utilize social resources, give rein to the specialist functions of expert scholars, establish consultation teams for international copyright response with specialist work units such as higher education institutes, scientific research organs, etc., at the core, providing talent support and knowledge guarantees for vigorously performing international copyright response affairs.
V, Copyright work guarantee measures during the “12th Five-Year Plan” Period.
(1) Giving high regard to implementation work of the “Copyright Work Plan in the ’12th Five-Year Plan’ Period”. All levels’ administrative copyright management departments must make implementation of the “Copyright Work Plan in the ’12th Five-Year Plan’ Period” into an important work during the “12th Five-Year Plan” Period, integrating the realities of all localities, formulate “12th Five-Year Plan” Period plans for copyright work conforming to the characteristics of the regions, and guarantee that all focus copyright work matters during the “12th Five-Year Plan” Period are effectively implemented.
(2) Creating conditions to guarantee the smooth implementation of the “Copyright Work Plan in the ’12th Five-Year Plan’ Period”. All levels’ administrative copyright management departments must strive for the support of that level’s Party Committee, government and Propaganda Department, coordinate the work relationship with corresponding departments well, bring copyright work into the important matters agenda of that locality’s overall economic and social development plan and larger picture work, expand government input strength into copyright protection and copyright-related industries, guarantee that policies in aspects such as administrative copyright management organs, personnel, expenses, etc., are satisfactorily implemented, incessantly raise copyright protection capacity and the strength of the copyright-related industries, completely implement the “Copyright Work Plan in the ’12th Five-Year Plan’ Period”, and serve the stimulation of economic, cultural and social development.
(3) Strengthening coordination and research, forging a good basis for the effective implementation of the “Copyright Work Plan in the ’12th Five-Year Plan’ Period”. Researching and formulating guiding, coordinating, appraising and reward mechanisms for the implementation of the “Copyright Work Plan in the ’12th Five-Year Plan’ Period”, researching and formulating corresponding policies for scientifically implementing the “Copyright Work Plan in the ’12th Five-Year Plan’ Period”; fully mustering social resources and all sorts of forces to participate in copyright protection work, guaranteeing the effective implementation of the “12th Five-Year Plan”.
(4) Strengthening copyright talent team construction, providing knowledge support for scientifically implementing the “Copyright Work Plan in the ’12th Five-Year Plan’ Period”. Strengthening training work for all levels’ administrative copyright management department law enforcement personnel, exploring the establishment of professional copyright personnel qualification access and training systems, incessantly raising administrative copyright management and law enforcement teams’ comprehensive quality, raising administrative law enforcement levels. Strengthening the construction of copyright trade, market operation and foreign-related copyright talent teams, constructing copyright talent databases and expert databases, bringing up a line of high-level talent teams having global vision and modern copyright theory, completely raising the comprehensive service level in copyright work in order to scientifically implement the “Copyright Work Plan in the ’12th Five-Year Plan’ Period”.
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