For Immediate Release

February 27, 2007

Contact: Judith Platt
Ph: 202-220-4551
Contact: Deidre Huntington
Ph: 202-220-4550

AAP Submits Views to USTR as Part of Provincial Review of Chinese Intellectual Property Rights Protection

Washington, DC, February 27, 2007: AAP provided views to the United States Trade Representative yesterday to be considered as part of the “Special Provincial Review of Intellectual Property Rights Protection in China.” USTR had requested comments concerning the adequacy and effectiveness of Intellectual Protection Rights (IPR) protection and enforcement at the provincial level in China, giving particular attention to six provinces.

AAP has collaborated in recent months with authorities in Beijing City, Shanghai City and Guangdong Province, which are three of the regions designated by the USTR for review. In the submission, AAP also highlights its recent dealings with Shenzhen City and Hubei Province authorities. Instances of infringement recently found in the Zhejiang Province also warrant attention by authorities and were reported on in the letter.

The efforts of the publishing industry to date have focused on the infringement of tertiary-level textbooks by university textbook centers and internet piracy. Both issues continue to cost the book publishing and copyright industries millions of dollars a year in losses. With regard to both problems, AAP has worked directly with national authorities (the National Copyright Administration, (NCAC), the General Administration of Press and Publication (GAPP), the Ministry of Education (MOE) and the Ministry of Information Industry (MII)), which have then coordinated with regional and local authorities to ensure action ensues.

AAP’s dealings with authorities in all of these provinces have yielded generally positive results. Some university textbook centers have been issued Punishment Decisions (PD’s), which include the seizure of the pirated copies, orders to stop the infringing activity and fines. AAP applauds the swift action taken in these instances and looks to them as models for future action. However, much more still needs to be done to ensure that the fight for intellectual property rights protection continues.

The submission also highlights some of the problems facing Chinese officials and the ways in which the process may be improved to ensure that intellectual property rights are being adequately and effectively protected. In some cases it is apparent that resource constraints are hindering maximum effectiveness by provincial and municipal copyright bureaus. AAP would like to see the Chinese government dedicate additional resources and manpower to address this issue. Inconsistent evidentiary and paperwork requirements and lack of transparency in some cases are also a troubling issue for rightholders. AAP would like to see more opportunities given to interact with authorities, participate in the processes undertaken and receive information about plans and outcomes.

The Association of American Publishers is the national trade association of the U.S. book publishing industry. AAP’s more than 300 members include most of the major commercial publishers in the United States, as well as smaller and non-profit publishers, university presses and scholarly societies. AAP members publish hardcover and paperback books in every field, educational materials for the elementary, secondary, postsecondary, and professional markets, scholarly journals, computer software, and electronic products and services. Defense of the freedom to read and the freedom to publish at home and abroad is among the Association’s highest priorities.

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