Forums > Living in Kunming > Copying and stealing; intellectual property right 800 years ago this month, King John signed the Magna Carta in England. This document provided the basis for common law, and set out the basic concepts of rights in the English speaking world. These are: uncensored newspapers, security of property, equality before the law, habeas corpus, regular elections, sanctity of contract, jury trials. Few of these rights are found in China in actual practice.
In the phrase 'Intellectual Property Rights' (IPR) the key words are 'property rights.' If your ideology precludes the notion of individual property rights then there is no discussion to be had. Marx, who expanded the early French socialist concepts felt the means of production, property, should be held in commons, the state.
Marx, clearly an intellectual, expressed high regard for the labor of men and railed against those who exploited those men that toiled with their hands and backs. Marx the Socialist, cursed the Capitalist as a thief and demanded the State replace the Capitalist. Further, Marx felt the intellectual works, inventions and writings, also be held in commons. Marx, however, never failed to copyright his work.
One of the under lying concepts of patents is the idea the inventor should be compensated for his idea. Thus, the inventor can exploit or sell his invention and this right is embodied in a patent. For a period of time, generally 20 years, the inventor is protected and can benefit from his work and idea.
In China, the Magna Carta collides with Marx. In China, Socialist theory, bolstered by what some say is a cultural respect, and acceptance, of copying, results in a low respect for IPR. This conflicts with the Magna Carta based, English biased, concept that the creator of IP 'owns' the IP.
With Chinese characteristics, China parsed this conflict. IP laws exist to protect inventors and writers but enforcement, protections, and prosecution reside in other laws, such as anti-monopoly laws. Clearly, the protections provided by a patent can be considered monopolistic as this is the intent, albeit for a limited 20 year period, of a patent law.
Add to this a culture that demands conformity and attempts to plan and control just about everything centrally, and you get an environment that does not promote innovation. Simply put, the Chinese, as a group, have no idea, nor will permit, what it takes to make use of the talent and ingenuity of her people. In a peak of absurdity, the central government once convened meetings on how to direct innovation.
Simply enforcing existing IP laws and/or modifying IP laws would produce such real innovation by Chinese the world would be astounded. This because the inventor could benefit from his innovation. Unfortunately, benefit is profit is exploitation unless the State, and its designated agents, is doing the exploiting.
Mountain collapse kills two, destroys vineyards
发布者@Sean1 Thanks
Mountain collapse kills two, destroys vineyards
发布者Used to drive out to Yiliang for roast duck with friends. Enjoyed the ride and the duck.
Yunnan choreographer Yang Liping gracefully weathers online storm
发布者Yang Liping performed in Pasadena, California in 1995. I was lucky to see her dance and meet her after the show. Liping is truly a Yunnan, Dali treasure.
New strict dog regulations in 36 Kunming areas
发布者Here is a translation of the list of banned dogs:
1. Tibetan Mastiff
2. Bit Bullfight
3. Dogo Argentina: i
4. Brazilian Fira
5. Japanese Tosa
6. Central Asian Shepherd Dog
7. East Sichuan
8. Soviet Russian Shepherd Dog
9. German Shepherd
10. Bull head
11. Mastiff
12. Casello, Italy
13. Great Dane
14. Russian Caucasus
15. Italian twisted Boliton
16. Stafford
17. Afghan Hound
18. Boeing
19. Weimar Hound
20. Canidae
21. Blood Hunting Hound
22. Masianji
23. English Bulldog
24. Akita
25. Newfoundland dog
26. Bellingdon
27. Kelly Blue
28. Chinese Rural Dog
29. Soviet Red Dog
30. Kunming dog
31. Doberman
32. Belgian Shepherd Dog
33. Rottweiler
Yunnan's Manhu band storming international charts
发布者Amazon Digital Music has the album on MP3 format $9.49, Audio CD for $10.39