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Challenges And Countermeasures Of Copyright Protection For Chinese Works Exported To Ethiopia

Posted on:2020-08-21Degree:MasterType:Thesis
Country:ChinaCandidate:H LiuFull Text:PDF
GTID:2416330602459579Subject:legal
Abstract/Summary:PDF Full Text Request
Ethiopia’s rapid economic development and favorable foreign investment conditions have attracted the attention of other countries,including China.As a key country for China’s investment in Africa,how to better maintain the stability and sustainable development of economic and trade between the two countries deserves attention.In the final analysis,economic and trade cooperation is a person-to-person cooperation,which requires the establishment of exchanges between economic entities of two different cultures.Market-oriented copyright trade can assume the responsibility of establishing exchanges.According to the current research,we can find that the copyright trade between China and Ethiopia has good prospects,mainly based on the needs of China’s own copyright trade development.First,although the copyright trade deficit in China has improved in recent years,the copyright trade deficit is still significant.The initiative has opened up a new path for China’s copyright trade.China’s copyright trade is shifting to countries along the " The Belt and Road ".The second is that China and Ethiopia have frequent economic and trade exchanges in recent years.The development of copyright trade can enhance cultural identity to maintain China and Ethiopia Economic trade.The other is based on the opportunities brought by Ethiopia’s good copyright trade environment.Ethiopia’s copyright trade has market potential.China’s copyright trade in Ethiopia has market demand.In addition to the opportunities mentioned above,the copyright trade between China and Ethiopia also faces the challenges that may arise from the differences in copyright systems.Among them,the main institutional differences affecting the export of copyright works in China include: Firstly,Ethiopia has not acceded to the international copyright treaties to which China has acceded,such as Berne Convention and Universal Copyright Convention,and is not obliged to apply the principle of national treatment to the works of Chinese copyright owners in its territory to provide copyright protection;Secondly,Ethiopia’s copyright system is imperfect,the regulation of information network communication behavior is not clear,and there is no clear stipulation that the filming right only includes part of the filming right into the scope of the right of adaptation,and the right boundary is blurred;At last,the dispute resolution and relief mechanism for China and Ethiopia copyright protection related procedures There are differences.Due to the above-mentioned institutional differences,Chinese copyright companies may face the following dilemmas in the process of exporting to Ethiopia: Firstly,due to the unclear regulationof Ethiopia’s information network communication rights,which led to the proliferation of online infringements in the Internet environment and the works of Chinese copyright owners It was arbitrarily spread on the Ethiopian network and could not take effective measures to ensure that Chinese copyright owners get reasonable compensation;Secondly,there is no explicit stipulation of the filming right,and only part of the filming right is included in the adaptation right,and the copyright owner can only adapt the work.The copyright owner lost control of the film and television of his work.As an important economic right of the copyright owner,the right to incorporate the filming right into the adaptation right greatly harmed the economic interests of the right holder of the script and literary works.Finally,the judicial system The shortcomings are serious,and the rights protection channels are not smooth after the copyright owner is infringed.In view of the above dilemmas,appropriate government actions can be taken at the national level to intervene and copyright trade subjects can be considered to propose countermeasures.At the national level: On the one hand,the Chinese government may consider signing a bilateral copyright protection agreement with Ethiopia to negotiate copyright technology protection measures and the application of laws;On the other hand,the government supports the implementation of the "People-to-people Bond" project to open the Ethiopian copyright trade market.Entities engaged in copyright trade may consider adopting the following measures to prevent and control the risk of infringement: Firstly,the right holders appropriately use copyright technology protection measures to control the information network spread of the work;Secondly,the content of adaptation right can be clearly defined through the form of contract to avoid damage to the interests of the copyright owner due to unclear contract agreement;Thirdly,when signing a copyright contract,an enterprise should accurately agree on the dispute settlement approach in the contract,correctly select the dispute resolution institution,and accurately agree on the application of the law.Then in addition,the company’s claim for copyright protection should comply with the laws of Ethiopia..
Keywords/Search Tags:Ethiopia, copyright trade, Copyright system, Copyright protection
PDF Full Text Request
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