The Research Of Wipo Copyright Treaty (WCT) And Neighboring Right Treaty (WPPT)

In the 20thcentury, as the integrated body of global computer information and communication resource, the born of Internet is undoubtedly the most influenced event. The development of Internet has obviously changed human' s life; it makes a huge challenge for the existing copyright legal system as well, which leads to several newborn conflicts of copyright protection and neighboring right protection.In 1996, the World Intellectual Property Organization (WIPO) published 《WIPO Copyright Treaty》 (WCT) and 《WIPO Performances and Phonograms Treaty》 (WPPT) , which are considered as "the internet treaties" on copyright protection under the circumstances of rapidly growing digital and electronic technology. To some extent, these two treaties act as the supplement and extension of 《Berne Convention》 and 《Rome Convention》, which make them more capable for the needs to protect copyrights and neighboring rights under the new technical circumstance. WCT and WPPT timely revised the rights of owners of copyright and neighboring right. They redefined "right of reproduction" and "right of distribution" which had been traditionally used by copyrights law, and created the "right of rental" , the "right of communication to the public" , and further stressed contracting countries' duty of protection and legal relieves for "technological measures" and "rights management information" .Facing the great influence of WCT and WPPT, mainly developed countries such as America, EU, and districts made relative response and revised their native laws in order to consist with the treaties. The 《Copyright Law》 that operating in our country still needs to be modified and improved compared with WCT and WPPT, even though it already took the influence of network and digitalization into consideration. At present,China has not joined WCT and WPPT, which is not accordant for China' s identity as an important member of the protection system for global copyright and neighboring right. So, Chiha should reinforce the research on WCT and WPPT to consummate native laws, and join WCT and WPPT as soon as possible to contribute more to international protection for copyright and neighboring right.