iii

PREFACE

In 2006 East China University of Political Science and Law (ECUPL) and the Queensland University of Technology (QUT) established the ECUPL-QUT Sino-Australian Intellectual Property Law Research Collaboration Program. The Program jointly hosted by Professor Fuping Gao (Dean of Intellectual Property School, ECUPL) and Professor Brian Fitzgerald (Director of Intellectual Property Law Research Program, QUT) aims to develop stronger research links between the two universities in the area of intellectual property law and is one of the first collaborations of its kind in China and Australia.

In particular, the Program will investigate:

  • the role of Australian and Chinese copyright law in the digital environment;
  • the implementation of the proposed Australia-China Free Trade Agreement in regard to intellectual property law;
  • intellectual property law issues for the digital content industry in China and Australia;
  • patent law issues relating to new technologies under Australian and Chinese law; and
  • trade marks and domain names under Australian and Chinese law.

The chapters which appear in this book are a result of the First Forum of the ECUPL-QUT Sino-Australian Intellectual Property Law Research Collaboration Program, “Legal and Policy Framework for the Digital Content Industry”, held in Shanghai, People’s Republic of China, 28-29 May 2007.

The editor’s acknowledge the generous support of both ECUPL and QUT, in particular ECUPL President, Professor Qinhua He, and General Secretary, Professor Zhichun Du and QUT Vice-Chancellor Professor Peter Coaldrake and University Registrar Dr Carol Dickenson, who all participated in the conference. The editor’s are also very grateful to the International Cooperation and Exchange Centre at ECUPL for their assistance, in particular Professor Xiaohong Liu and Ms Fei Xia. iv

The editor’s also thank all of the speakers and participants at the “Legal and Policy Framework for the Digital Content Industry Forum”, who helped to make it a tremendously successful event. The Conference which featured a number high profile speakers, led by Chief Justice Zhipei Jiang, Chief Justice of the Supreme Court of the People’s Republic of China, attracted over 100 participants from Australia, China, Singapore, Hong Kong, Taiwan, Japan, the United States, the United Kingdom, France, Germany and the Netherlands. We are particularly grateful to all the speakers who participated in the Conference, particularly Chief Justice Zhipei Jiang, Chief Justice of the Supreme Court of the People’s Republic of China and Chao Xu, Director of Copyright Department, National Copyright Administration of the People’s Republic of China.

The editor’s also acknowledge the generous support of conference sponsor’s, the Australian Research Centre of Excellence for Creative Industries and Innovation (CCi) hosted by QUT, QUT’s Institute of Creative Industries and Innovation (iCi), Tencent QQ.com, Shanda Interactive Entertainment, TransAsia Lawyers and Shanghai De Qin Law Firm.

The editor’s are also particularly grateful for the tremendous assistance in organising and running the conference provided by Conference Secretariat Qian Sun, Nina Shen, Weifen Fu, Min Li and all of the ECUPL student volunteers. The editors also owe thanks to Celeste Bennett for her assistance in the preparation of the chapters which appear in this book.

 

December 2007

Brian Fitzgerald, Brisbane, Australia

Fuping Gao, Shanghai, People’s Republic of China

Damien O’Brien, Brisbane, Australia

Sampsung Xiaoxiang Shi, Brisbane, Australia