Jiang, Zhipei --- "Foreword" [2008] SydUPLawBk 3; in Fitzgerald, Brian; Gao, Fuping; O'Brien, Damien; Shi, Sampsung Xiaoxiang (eds), "Copyright Law, Digital Content and the Internet in the Asia-Pacific" (Sydney University Press, 2008) v

Foreword

Intellectual property law and its application to new digital technologies has rapidly become one of the most important areas of the law. The development of new technologies over the past few years, such as the Internet and the vast array of digital content which is now available, have created many difficult challenges for the law and the Courts. These challenges can be no better appreciated, than in my experiences as a Judge in this area, with there being 17,769 intellectual property cases before the courts of the People’s Republic of China in 2006. Among these cases are 2,277 criminal cases, with 3,508 individual offenders punished.

Intellectual property plays a key role in the development of the national economy of the People’s Republic of China. Hu Jintao, Secretary General of the CPC Central Committee, in an effort to strengthen the intellectual property system of the People’s Republic of China, delivered an important speech in the Politburo’s 31^st Collective Study on 26 May 2006 in which he said “We should give full play to the intellectual property system in strengthening national economic, scientific and technological capabilities, as well as our international competitiveness and safeguarding national interests and economic security, so that it can provide a strong backbone for China to enter the ranks of innovation-oriented countries.”

Intellectual property law is an integral area of the law for any society. As a general principle, it refers to the various rights, which the law and courts accord for the protection of investment in creative effort. Intellectual property laws also aim to strike a careful balance in providing incentives for innovation. If there is too little protection, investment in intellectual property dependent industries will be jeopardised. While too much protection, is likely to disadvantage society and encourage monopolies.

This collection of scholarly papers will prove to be a valuable resource for students, practitioners, judges and anyone interested in understanding some of the challenging issues, which new technologies have created for the law. It brings together a wide range of experts in their respective fields from across the Asia-Pacific region, which helps to make it a truly unique and diverse collection. I trust you will enjoy the book.

Chief Justice Zhipei Jiang

Supreme Court of the People’s Republic of China

Beijing

November 2007