중국에서 저작권의 보호 및 집행에 관한 연구

A Study on the Protection and Enforcement of Copyright in China

In these days the issues on the copyright have been raised in the world, including China. In particular, China has made its legislation globalization through joining International Convention on copyright such as Berne Convention, WCT, WPPT. However, illegal reproduction in China has not yet disappeared, which seems to be harmful to China's national image. Therefore, Chinese government has been striving for protecting the copyright owners, especially on the internet. Particularly, China entrusted administrative organ with ordering illegal transactors to suspend unlawful act, and with confiscating illicit income etc. In addition, in the case of infringement of copyright the Chinese Copyright Law has a provision to hold the wrongdoer to account criminal responsibility, however, it does not any concrete regulation therein relating to criminal penalty. In this respect, Chinese Criminal Law stipulates that a wrongdoer of copyright can get criminal penalties, for example, how many years he has to be in the prison or how much he has to pay for. However, the objective of criminal penalty therein is mainly focused on 'illegal reproduction', not on other illegal copyright infringement acts such as transmission on the internet. China plays an important role in the world from the economic viewpoint, and is becoming more and more important to Korea from the economic as well as political perspective. It is a relief that the number of legal scholars to study China's legal system in Korea are increasing, but there are still few to research China's intellectual property. In the near future, I hope that the number of scholars to study China's intellectual property law in Korea be increased, and that academic exchange between both countries in the area of intellectual property is increasing as well.