Законное слушание: прецедент преодоления интернет-пиратства в Китае

Журнал зарубежного законодательства и сравнительного правоведения. 2026. Т. 22. № 2. С. 15–26.

Budnik R.

This article examines the precedential cooperation between the governmental and business entities in eradicating piracy in the informational area of China. The purpose of the study is to analyze the unique empirical approach to the implementation of public policy aimed at restoring the effective functioning of mechanisms for the protection and enforcement of intellectual property rights in the country’s digital environment. The methodology concludes in the studying of legal measures adopted by the legislator and enforced by state regulators to overcome internet piracy, as well as their influence on the economic and legal models of online distributors of creative content.

The article demonstrates that China’s strategy focuses on development of high-technology economy standing on intellectual property rights, has been systematically promulgated and enforced during the three decades through legislative and organizational initiatives. However, these efforts became truly effective only when the objectives of the state aligned with the commercial interests of large legitimate businesses competing in the market for protected audiovisual and musical works with pirate and dubious schemes.

In result, we established that coordination between governmental institutions and internet businesses significantly improved the level of protection and effectiveness in enforcing the rights of creators and producers of copyright objects. The legislative efforts of China’s regulators and legal service platforms were focused toward the sector of digital music and audiovisual works technologically congruent with the information environment.

The state has developed a legislative framework to counteract illegal uses and to incentivize the legitimate use of digitized works. Internet platforms, in turn, have invested in the professionalism and technological advancement of their legal departments to challenge and neutralize the competitive advantages of pirate practices employed by unscrupulous market players. Competition among the business models of leading internet services turned out to be the decisive factor in restoring legal order in the use of copyrighted works within the Chinese segment of the global network.

Keywords: интеллектуальная собственность, Китай, internet, China, интернет-сервисы, контент, copyright, intellectual property, content, авторские права, piracy, пиратство, Internet services, интернет, Интернет-платформы, Internet platforms, illegal use of works, anti-piracy measures on the internet, digital creative works, online content, противоправное использование произведений, оцифрованные творческие продукты, антипиратские правовые средства