The Research On Copyright Protection In China's Foreign Trade

As a branch of intellectual property right, copyright is an exclusive right of author to exploit his work. Based on copyright protection and exploitation of copyrighted works, copyright industries come into being. With the globalization of economy, copyright industries play an important role in international trade. Compared with traditional international goods trade, the copyright industries are significantly regarded as a new domain of international trade and the driving-force for the development of international trade. But there are kinds of "copyright barriers" blocking the international trade in the name of copyright protection, including prohibition of parallel imports, adoption of the unilateral trade sanction and the abuse of the rights. Therefore, copyright protection is a double-edged sword, which has both positive and negative effect on international trade. In this situation, China should raise the copyright protection level to enhance the international competition strength of domestic copyright industries and dodge the copyright barriers in foreign trade. To implement this copyright protection strategy, China should make some amendment to the present copyright protection system.In legislation aspect, the object protected by copyright law should extend to works of applied art, folklore and fictitious characters in creation. And China should eliminate the unequal treatment on the Copyright Law between a foreigner and a domestic person to support the development of national copyright industries. Judicature should resolve the problem brought by conflict of rights, which the legislator cannot forecast, and should prevent the copyright owner from abusing the exclusive rights granted by Copyright Law to stimulate creation. Simultaneity, it is necessary for judicature to perfect legal procedure and strengthen the criminal punishment to safeguard the interests of domestic and foreign copyright owner. The administrative protection of copyright is the character of China. Compared with judicial protection, administrative protection is more efficient and initiative. In order to fully use the administration resources to protect copyright, China should reasonably divide the authority of administrative protection and judicial protection, strengthen the labor division and cooperation among the administration in charge of copyright, publication, culture, business and customs, and entrust the copyright administration with essential enforcement method. With the collectivization of the self-reliant protection, China should strengthen self-government of copyright owner by making...