In April of 2006, China was expected to ratify WIPO’s internet treaties (WIPO Copyright Treaty and WIPO Performances and Phonograms Treaty) in the second half of 2006, read here. However, China acceded only March 9, 2007 and it will ratify both treaties June 9th.
The details of both treaties and China’s reservation can be found below:
Details of WIPO Copyright Treaty (WCT):
“In accordance with the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China and the Basic Law of the Macao Special Administrative Region of the People’s Republic of China, the Government of the People’s Republic of China has decided that, unless otherwise notified, the Treaty shall not apply to the Hong Kong Special Administrative Region and the Macao Special Administrative Region of the People’s Republic of China.”
Details of WIPO Performances and Phonograms Treaty (WPPT):
“In accordance with the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China and the Basic Law of the Macao Special Administrative Region of the People’s Republic of China, the Government of the People’s Republic of China has decided that, unless otherwise notified, the Treaty shall not apply to the Hong Kong Special Administrative Region and the Macao Special Administrative Region of the People’s Republic of China.”
China’s reservation:
Pursuant to Article 15(3) of the Treaty, the People’s Republic of China will not apply the provisions of Article 15(1).
Article 15 (3) WPPT: Any Contracting Party may, in a notification deposited with the Director General of WIPO, declare that it will apply the provisions of paragraph 1 only in respect of certain uses, or that it will limit their application in some other way, or that it will not apply these provisions at all.
Article 15 (1) WPPT: (1) Performers and producers of phonograms shall enjoy the right to a single equitable remuneration for the direct or indirect use of phonograms published for commercial purposes for broadcasting or for any communication to the public.
