历史版本3:国际知识产权联盟 返回词条

国际知识产权联盟本质上是美国部分大公司的商业利益代言人。以美国知识产权保护的标准和水平，在全世界范围推动知识产权不断强化，甚至过度保护。虽然联盟表面上是一个非政府组织（联盟网站简介的第一句：The International Intellectual Property Alliance (IIPA) is a private sector coalition formed in 1984 to represent the U.S. copyright-based industries in bilateral and multilateral efforts to improve international protection of copyrighted materials），但是实质上政治色彩浓厚，尤其是针对中国这样的发展中国家，更是擅长将知识产权政治化，市场经济问题变成政治问题，引发国际政治争端，而遭受国际上的不少诟病。

主席Eric Smith

每年年初，美国贸易代表办公室发布通知，就"特殊301"调查征求公众意见，该联盟都会提交大量资料，并提出很多建议。例如，2006年，它提供了46个国家保护版权不力的情况，同时建议将这些国家分类列入"重点国家"，"重点观察国家"和"观察国家"名单。

如此引人注目的组织，其秘书处却只有6个人：主席埃瑞克·史密斯（Eric Smith）和几个工作人员。Eric是联盟的创始人之一，同时是Smith & Metalitz律师事务所的管理合伙人（managing partner）。

事实上，这些人员也同时在该律师事务所工作。因此，联盟与律师事务所几乎是一套人马两块牌子。当然，该联盟后面有强大的支持力量。

田力普局长会见联盟主席史密斯

刚刚公布的2009年报告中列出38个需要执行更严格知识产权保护政策的国家，其中中国属于重点观察对象。 重点观察对象包括：阿根廷、文莱、加拿大、智利、埃及、印度、印度尼西亚、墨西哥、巴基斯坦、中国、菲律宾、俄罗斯、泰国。

国际知识产权联盟的成员包括BSA(美国商业软件联盟)、ESA(娱乐软件联盟)，MPAA(美国电影协会)和RIAA(美国唱片工业协会），可能有的读者会奇怪，怎么都是美国版权组织，国际知识产权联盟号称国际，其实是成立于1984年的民间组织，代表美国以版权为基础的产业，其宗旨是谋求在全球范围内加强对其版权产业的保护。也被人们称为“美国国际知识产权联盟”。

事实上，所谓的“国际知识产权联盟”主要是代表美国大公司利益，在全球范围之内通过不断强化知识产权保护来获得更大的收益。其最大的功能，也是其最大的争议就是，国际知识产权联盟常常扮演高于国家主权之上的角色，将原本通过法律和市场合理解决的知识产权问题政治化，变成国际政治问题，通过政治舆论和政治施压，达到自己的商业目的。

国际知识产权联盟由7个协会组成，而这些协会的会员有1，900家，其中很多是赫赫有名的大公司。

联盟的7个协会是:

美国出版商协会（Association of American Publishers， AAP），是图书杂志出版产业的协会。协会的目的，是提高出版在全世界的地位，协助其会员在国内外保护版权，捍卫智慧自由和书面表达自由。

商业软件联盟（Business Software Alliance， BSA），其宗旨是促进安全，合法的数据世界，代表商业软件产业及其硬件伙伴的声音。它提出很多教育和政策建议，推动版权保护，网络安全，贸易和电子商务。近年来，它委托美国国际数据公司（International Data Corporation， IDC）对全球软件盗版情况作出年度报告（Piracy Study），公布主要国家和地区的盗版率和销售损失。这些数据被广泛引用，产生了很大影响。

娱乐软件协会（Entertainment Software Association， ESA）代表生产游戏软件，手动设备，个人电脑和有关互联网的公司。协会为互动式娱乐软件出版商提供服务，包括开展全球反盗版项目，举办电子娱乐展览会，商业及消费调查，政府关系，知识产权保护等。

独立电影电视联盟（Independent Film & Television Alliance， IFTA）的成员有150个，来自15个国家，包括独立的制作和销售公司，销售代理公司，电视公司，制片厂附属公司，以及从事电影融资的金融机构。40%的会员和30%的协会董事会成员来自美国以外的国家。

美国电影协会（Motion Picture Association of America， MPAA）会员只有7家，但都是世界上最大的影视公司，包括Buena Vista Picture Distribution （the Walt Disney Company），Metro-Goldwyn-Mayer Studios Inc.，Paramount Pictures Corporation，Sony Pictures Entertainment Inc.，Twentieth Century Fox Film Corporation，Universal City Studios LLLP，Warner Bros. Entertainment Inc.。协会有一个反盗版的项目，在全世界保护美国电影免受侵权。此外，协会还致力于消除不公平贸易障碍，增加国际市场的竞争。

全国音乐出版商协会（National Music Publishers' Association， NMPA）代表600家音乐出版社，职责是保护并促进音乐出版商及作曲家利益，保护音乐版权。

美国录音产业协会（Recording Industry Association of America， RIAA），其数百家公司创作，制造，分销的录音制品在美国占90%。协会有法律和调查人员，与其他国家的录音产业团体一道打击各种形式音乐盗版。其主要任务之一，是确保版权立法适应快速发展技术环境，并且为音乐投资，生产和分销创造条件。

2003年7月21日参加中美网络法圆桌会议的中国专家受邀请到美国国际知识产权联盟做客。在交流中，该联盟主席Eric H. Smith先生根据其机构在中国的调查，在版权领域，中国市场上90%是盗版，使该联盟的公司遭受了巨大损失。他指责中国没有对版权的刑事司法保护，没有一起版权犯罪被判刑的案件。中国将版权犯罪当作非法经营处理。他说该组织的成员没有资源在中国打民事官司，中国应当按照TRIPs协议关于对知识产权进行刑事保护的规定执行，国际在看着中国是否遵守WTO的规则。今后该组织要推动中国对知识产权的刑事司法保护。

蒋志培博士和其他中国专家指出，中国严格遵守承诺的WTO各项规则。中国法院对知识产权的保护是严肃认真的，在各个领域执法活动都在正常进行。包括对知识产权的刑事司法保护。中国法院每年要受理一审刑事知识产权案件200余件，涉及版权的也有40-50件，也就是说每年有200余人为知识产权犯罪进班房。有很多案例足可以证明。这怎么能说中国没有对知识产权的刑事司法保护？

专家们指出主席先生依据的数据来源不清、数据不可靠，对中国问题的评估有错误。中国需要提高自己的工作效率和水平，包括对知识产权的刑事司法保护，中国最高法院已经对此专门进行了调查研究提出方案。但是一些公司企业不是依据中国法律对侵权活动采取启动司法程序的工作，而是散布错误数据施加政治上的压力。

中国专家建议美国国际知识产权联盟的通过正当渠道获取准确信息，也能读懂中文信息；那些在中国开拓市场的企业尽可利用中国对知识产权保护的执法机制保护自己的正当权益。

战果辉煌

20 YEARS AGO (1984-1985)
• The Addition of IPR Protection to U.S. Trade Law: In 1984, the U.S. copyright industries pressed the Congress to make ineffective IPR protection an “unfair trade practice” under Section 301 of the U.S. trade law. Congress made this and other similar changes (to the GSP Program, for example) which marked the first time IPR protection was made part of the U.S. trade agenda.
• Formation of the IIPA: At the same time as U.S. trade legislation was being amended, eight copyright industry associations representing over 1,500 U.S. companies united in a coalition called the “International Intellectual Property Alliance” for the purpose of improving copyright laws and fighting massive piracy of U.S. copyrighted products. IIPA and its members together began a global campaign to improve copyright protection and enforcement.
• IIPA Trade Policy Report: In 1985, IIPA wrote its first report recommending to the U.S. government what actions it should take in this area. Entitled “U.S. Government Trade Policy: Views of the Copyright Industries” (1985), IIPA’s recommendations have either been fulfilled or still remain U.S. government strategy.
• In 1985, IIPA prepared the first-ever comprehensive review of piracy losses and the status of current laws in 10 selected countries in Asia, in the Middle East, Latin America, and Eastern Europe. This first effort revealed staggering piracy levels in many of these countries and led to a new effort to secure improved protection and enforcement for U.S. copyrighted products.
• First IPR 301 Action: The U.S. Government, at IIPA’s urging, self-initiated the first IPR-based Section 301 case against Korea, which at that time provided no legal protection for U.S. copyrighted works. This case was successfully settled in 1986 with Korea passing a copyright law protecting U.S. works for the first time.
15 YEARS AGO (1988-1989)
• From 1984 through 1988, pressed by IIPA and its members through bilateral engagement by the U.S. government, many countries, particularly in Asia, revised their copyright laws and/or protected U.S. works for the first time.
• U.S. Adherence to the Berne Convention: With the strong support of and lobbying by IIPA and its members, the U.S. passed the Berne Convention Implementation Act in 1988, and in 1989 adhered to the Berne Convention (1971 Paris text). This gave added credibility to U.S. government and industry efforts to secure further global copyright reforms.
• Special 301 Mechanism Adopted by Congress and IIPA Releases its First Special 301 Submission to USTR: At the instance of IIPA and the copyright industries, in 1988, Congress passed amendments
Page 2 IIPA Milestones (1984-2004) October 2004
to Section 301 making the status of global IP protection an annual exercise in what is now called “Special 301.” USTR then released its first request for public comments in the annual “Special 301” review. IIPA filed its first set of Special 301 comments in February 1989 (in a format similar to IIPA’s first submission in 1985). In April 1989, USTR Carla Hills followed by announcing which countries failed to meet the criteria of the statute, including creating the “Priority Watch List” and “Watch List” categories. USTR’s and the rest of the government’s IPR focus then greatly expanded in following years, urged on by IIPA and its members as well as by other IPR-based industries. For example, in April 1999, Ambassador Charlene Barshefsky announced USTR’s survey on IPR practices in over 70 countries, a huge increase from 1989.

14 YEARS AGO (1990)
• First IIPA “Regular” 301 Petition Filed on IPR Grounds: In November 1990, IIPA, MPAA and RIAA filed the first IPR “regular” Section 301 petition (not under Special 301) against Thailand. Trade retaliation was averted when the Thai Government outlined specific pledges of actions. Similarly, other countries have taken concrete steps to improve their IPR regimes after their IPR practices have been investigated after being designated as “Priority Foreign Countries” under Special 301.
• IIPA releases its first ever economic report on the U.S. copyright industries: This study, Copyright Industries in the U.S. Economy, prepared by Economists Incorporated for the IIPA, confirmed that these industries contribute powerfully to the U.S. economy, employment and international trade (foreign sales/exports). In 1989, the ‘core’ copyright industries contributed $173.7 billion to the U.S. economy (or 3.3% of the U.S. Gross Domestic Product), employed over 2.6 million workers, and had foreign sales/exports of at least $22.3 billion (larger than the U.S. aircraft and spacecraft industries’ exports). This seminal 1990 report established methodologies used in subsequent IIPA reports as well as efforts undertaken by other countries. Subsequent reports conducted by the IIPA confirmed the continued spectacular growth of the copyright industries to the U.S. economy.
• NAFTA Negotiations Begin with an IPR Chapter: In 1990, formal discussions among the U.S., Mexico and Canada to create a North America Free Trade Agreement (NAFTA) started. IIPA was instrumental in developing the text of the intellectual property rights chapter and was a strong supporter of NAFTA’s 1993 passage in Congress.

10 YEARS AGO (1994)
• TRIPS Agreement Reached in the New WTO: At the conclusion of the Uruguay Round, a new chapter on intellectual property rights -- the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) -- was included for the first time ever in a global trade instrument. The establishment of new, higher standards of protection, and for the first time, standards of enforcement, gave another jump start to countries’ improving their levels of protection and enforcement of IPR. At the end of the Uruguay Round in 1994, there were 128 members of the GATT.

8 YEARS AGO (1996)
• WIPO “Internet” Treaties Completed: With the continuing forceful urging of the U.S. Government, supported by IIPA and its members over a period of many years, a Diplomatic Conference called by the World Intellectual Property Organization (WIPO) culminated at the end of 1996 with the signing of two new international copyright treaties, this time clarifying and extending the Berne Convention to the digital and Internet environment and significantly enhancing protection for sound recordings. IIPA and many of its members served on the U.S. delegation to this Convention.
• China “Special 301” Action Settled: Following the designation of China as a “Priority Foreign country” under Special 301, China and the U.S. agreed on an enforcement “action plan” and, seeking to avoid up to $2 billion in trade retaliation by the U.S., China closed 15 pirate CD factories and virtually shut down massive worldwide exports of pirate optical media product. These actions followed the 1995 U.S.-China IPR Agreement which outlined comprehensive obligations on IPR protection which went far to bring China into the modern age in the field of copyright.
Page 3 IIPA Milestones (1984-2004) October 2004

6 YEARS AGO (1998)
• Congress Passes the Digital Millennium Copyright Act: In October 1998, the U.S. passed the Digital Millennium Copyright Act (DMCA) which amended U.S. law to meet the obligations of the two “Internet” treaties -- the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT) which were completed in 1996. These treaties raised the minimum standards of copyright protection, particularly with respect to the networked-based delivery of copyrighted materials. Adoption of this legislation permitted the U.S. to ratify and accede to these treaties. Since this time, IIPA has been working diligently to ensure global accession to, and proper implementation of, these treaties which are critical to fostering the growth of electronic commerce.
• WTO Declaration on E-Commerce: At the Fourth WTO Ministerial Conference in May 1998, trade ministers of all the WTO member nations adopted a “Declaration on Global Electronic Commerce” whereby nations agreed to a moratorium on imposing customs duties on electronic transmissions.

5 YEARS AGO (1999)
• U.S. Ratifies and Joins the WIPO “Internet” Treaties: The United States deposited its instruments of accession to both the WCT and the WPPT in September 1999. IIPA then began its major effort to persuade countries to ratify and accede to the two Treaties in order to put them into force.

4 YEARS AGO (2000)
• TRIPS Transition Period Ends for Developing Countries: All developing countries and countries in transition (though not U.N. designated least developing countries) became obligated to meet their substantive and enforcement provisions of the WTO TRIPS Agreement on January 1, 2000.

TWO YEARS AGO (2002)
• WIPO Treaties Enter Into Force: Ratification and deposit in Geneva by 30 countries was needed before the treaties would enter into force. The WCT entered into force on March 6, 2002 and the WPPT on May 20, 2002. In an effort to raise awareness of these critical treaties, IIPA sponsored a major celebration of this event on Capitol Hill honoring key U.S. Congressman and Senators responsible for the DMCA and the Ambassadors from the countries that helped bring the treaties into force.
• Trade Promotion Authority: IIPA and its members celebrated the passage of the Trade Act of 2002, which included Trade Promotion Authority which permits the President, in consultation with Congress, to negotiate bilateral, regional and multilateral trade agreements. This was intended to give a jump start to the new Doha Round and to the various bilateral and plurilateral Free Trade Agreements now in process, in all of which the U.S. government, at IIPA’s urging, has sought greatly improved levels of copyright protection and enforcement.
• China and Taiwan Become WTO Members: These two key U.S. trading partners became WTO members in December 11, 2001 and on January 1, 2002, respectively. IIPA remains engaged in ongoing efforts to bring these two countries’ laws and enforcement regimes up to TRIPS’ levels of protection as required by the WTO.

ONE YEAR AGO (2003)
• Singapore and Chile Free Trade Agreements (FTA) Signed: On May 6, 2003, the President signed the Singapore FTA. One month later, on June 6, 2003, the President signed the Chile FTA. These milestone agreements formed the baseline for new FTAs with many other countries, which will result in improved protection for U.S. copyrighted materials.
• GSP Continues as an Effective Trade Tool for Improving Copyright Protection in Beneficiary Countries: In 2003, IIPA participated in six GSP hearings involving the review of the copyright protection and enforcement practices in Brazil, Russia, Dominican Republic, Kazakhstan, Lebanon,
and Uzbekistan – all of which were based on petitions submitted by IIPA in prior years. GSP petitions filed by IIPA over the last 15 years have been effective in securing improved copyright protection.

THIS YEAR (2004)
• Special 301 Review: In February 2004, IIPA filed its sixteenth (16th) Special 301 submission with USTR. This submission again comprehensively detailed piracy rates and estimated losses due to piracy, analyzed legal and enforcement deficiencies, and recommended corrective actions in dozens of countries. Estimated 2003 trade losses due to copyright piracy in the 52 countries placed on USTR's 2004 Special 301 lists amounted to at least $10 billion. Estimated annual global losses suffered by the copyright industries are conservatively placed at $25-30 billion (not including internet piracy).
• Trade Investigations under Special 301 and Section 301: Since 1984, IIPA has participated in Section 301 and Special 301 investigations into the intellectual property practices of Korea, Taiwan, India, Thailand, Brazil, the People’s Republic of China, Paraguay, Honduras, and Ukraine. Over the years, IIPA and its members have been engaged with progress made (and not made) in dozens of countries which have been placed on the Special 301 “Priority Watch List” and “Watch List.”
• GSP Leverage Continues: GSP investigations for inadequate and ineffective copyright laws and enforcement continue against Brazil, Russia, Lebanon, Kazakhstan, and Uzbekistan. In June 2004, USTR accepted IIPA’s petition against Pakistan.
• IPR in U.S. Free Trade Agreements: Between 2000-2004, the U.S. government concluded FTA negotiations with Jordan, Singapore, Chile, Australia, Morocco, five Central American countries (Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua) plus the Dominican Republic (DR-CAFTA) and Bahrain. FTA negotiations are underway with the Andean nations (Colombia, Peru and Ecuador), Panama, and the Southern African Customs Union (SACU–Botswana, Lesotho, Namibia, South Africa and Swaziland).
• Berne Convention Membership Grows: Between 1984 and 2004, membership in the Berne Convention, the premier international copyright convention, has more than doubled (74 countries at the end of 1984 versus 157 as of September 2004), in part as a result of IIPA and its members’ global reform efforts.
• WTO Members Increase: The number of member nations that have joined the international trade community, through the new WTO, has significantly increased in the last decade. At the end of the Uruguay Round in 1994, there were 128 members of the GATT. As of October 2004, there are 147 members of the WTO, with over 30 countries either engaged in the WTO accession process or serving as observers. IPR issues remain high on the U.S. accession negotiations agenda for many of these countries (including, for example, Russia).
• WTO TRIPS Agreement Marks its Tenth Anniversary: Since the 1994 conclusion of the WTO negotiations, at least 100 countries have adopted copyright legislative reforms as a result of both their multilateral obligations as well as U.S. bilateral engagement. While most WTO members are now compliant with their substantive TRIPS copyright obligations, the continuing challenge for the WTO, the U.S. government and the U.S. copyright industries is to bring these countries fully into compliance with their obligation to have TRIPS-compliant enforcement systems in place “in practice.” For the copyright industries, this means, in particular, that countries criminal laws are being used aggressively to fight against the global criminal syndicates that are often at the center of the “pirate trade.”
• Implementation of the WIPO “Internet” Treaties Continues: IIPA and its members remain actively engaged in a major effort to ensure full and prompt implementation of these treaties in countries worldwide. As of October 2004, 48 nations had ratified the WCT and 44 the WPPT. Recognizing
that effective copyright protection on the internet could provide an important new tool for promoting the creation and distribution of creative materials, most of the early adherents to the treaties thus far have been developing countries. Implementation continues even in countries that have not ratified the treaties yet; the treaties have now become another cornerstone of international copyright law.
• IIPA’s Copyright Industries in the U.S. Economy: The 2004 Report: Working with Economists Incorporated, IIPA released its tenth economic report since 1990 on the contribution of the U.S. copyright-based industries to the U.S. Gross Domestic Product (GDP), employment and foreign sales/exports. This study confirms that the U.S. copyright industries remain a driving force in the U.S. economy. The U.S. ‘core’ copyright industries accounted for 6% of U.S. GDP in 2002, or $626.6 billion, and were responsible for employing 4% of U.S. workers (5.48 million people) that year. These numbers double when the contribution of the ‘total’ copyright industries are calculated (to 12% of GDP or $1.25 trillion, and 8.4% of employment). The copyright industries also contributed foreign sales and exports of $89.26 billion in 2002, again leading all major industry sectors. This study is the first report in the world to use WIPO’s 2003 recommendations for conducting national economic studies on copyright industries.
• 20 years of IIPA: IIPA celebrates its 20th Anniversary in the fight for global copyright and enforcement reform that is the sine qua non for copyright industries to continue to lead the world in revenue and job growth. This collective effort with governments on a global basis has resulted in billions of dollars of increased revenue to creators and their support organizations, millions of new jobs, and has contributed significantly to cultural diversity throughout the developing and developed world.

官方网站：http://www.iipa.com/