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Collective Management Organizations in C hina: Practice, Problems and Possible Solutions
Author(s) -
Jiang Fuxiao,
Gervais Daniel
Publication year - 2012
Publication title -
the journal of world intellectual property
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.334
H-Index - 8
eISSN - 1747-1796
pISSN - 1422-2213
DOI - 10.1111/j.1747-1796.2012.00439.x
Subject(s) - sign (mathematics) , monopoly , law and economics , position (finance) , process (computing) , business , political science , law , public relations , economics , market economy , finance , computer science , mathematical analysis , mathematics , operating system
Collective management organizations ( CMO s) in C hina have been in a rapid development and made a great progress in the past 20 years. Yet, there remain a number of issues that should be addressed. This note surveys the current practice of C hinese CMO s and, a number of important issues, and suggests possible solutions to ameliorate the situation. The first issue, namely, the relation between CMO s and their members, is particularly visible in the issue of CMO 's standing to sue. The second issue, namely relations with nonmembers, has caused a recent litigation explosion against users of collective managed works. The third issue, the abuse of monopoly position, is mainly a sign of the need for an appropriate regulatory regime for CMO s. It is important for C hina to draw on the successful experience and learn lessons from the best CMO s and regulatory models in other countries. Because of the relatively short history of collective management in C hina, the improvement of CMO s will likely be a gradual institutional process characteristic by bold experiments, as when making one's way across a deep river.