[A2k] Miss Hong Kong does not need the treaty (either)

[Manon Ress]

Thanks to Judit for pointer.  One more "rational" for the WIPO treaty
that would give broadcasters and cablecasters new intellectual
property rights is going down the drain.  But since the treaty's
"need" is not evidence-based, I'm not sure it will make any difference.
Manon

Monday September 18, 07:52 AM

http://uk.news.yahoo.com/18092006/323/hong-kong-broadcaster-wins-
piracy-case-china.html

HONG KONG (AFP) - A Hong Kong broadcaster has said it won damages
from a Chinese web portal for illegally distributing its programmes
on the Internet, in what is believed to be the first such piracy case
victory in China by an outside claimant.
Television Broadcasts (TVB), the city's largest terrestrial
broadcaster said it had won 200,000 yuan (25,000 US) from Chinese-
language portal www.21cn.com for distributing four of its programmes,
including 2003 Miss Hong Kong Pageant final.

The portal is a wholly-owned subsidiary of China Telecom, the
mainland's largest fixed-line operator.

It was TVB's first successful infringement case in China, it said,
and media reports in Hong Kong said it was the first time a non-
Chinese company had successfully sued a Chinese firm for programme
piracy.

The high court's verdict in southern China's Guangdong province came
after the web owner sought to overturn a lower court ruling that it
had committed copyright infringement.

"TVB is most pleased with the judgement as it sets precedent in China
that copyrights should be respected," the company said in a
statement. "However, fighting against piracy is an extremely tough
battle."

The court was unable to confirm the result.

While the mainland company has removed the four programmes in
question from its website, it continues to distribute other TVB shows
without permission.

The broadcaster said it is taking further action to stop infringement.

China is one of the world's counterfeiting hotspots, with anything
from the unlicensed manufacture of branded clothing to the broadcast
of movies and television shows without permission a concern to
international efforts to clamp down on the multi-billion-dollar trade.

************************************************
Manon Anne Ress
manon.ress@cptech.org,
www.cptech.org

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