Jiarong Zhang

Email: j.zhang.6@research.gla.ac.uk

ORCID iDhttps://orcid.org/orcid.org/0000-0002-4870-7772

Research title: Using digitization to fill the gaps in intellectual property protection of traditional cultural expressions ——opportunities and challenges

Research Summary

At present my research interests concentrates on copyright issues of traditional knowledge and traditional cultural expressions. It will reveal how law, technology, and culture interact with each other, especially how copyright law influences other parameters in cultural production.

Traditional cultural expressions are sometimes seen as in the public domain and uncopyrightable. Many reasons are given to support this argument, among which the most widely accepted one is doctrinal. That is traditional cultural expressions do not meet the requirements (i.e. originality, individual authorship) of copyright law. With critical legal study and critical race IP, this research will challenge this orthodox approach to introduce an alternative approach: the racial hierarchy of copyright law. The research deconstructs the orthodox approach from two perspectives: deconstructing requirements of copyright and deconstructing characteristics of traditional cultural expressions. By reviewing the history, theory, and language of copyright law in the printing age and the digital age, the research will show how copyright conceals its internal racial hierarchy with its doctrines. It will also disclose there is a cultural-racial hierarchy of copyright in the printing age and a technological-racial hierarchy of copyright in the digital age. Unlike what people think, things happen in the digital age are new. In contrast, copyright keeps things the same.

In the era of post-TRIPS and post-globalisation, the internationalization of copyright will also shrink. At the same time, the importance of cultural diversity and national culture will be valued again. Traditional cultural expressions will be used to build the national identity, and related copyright issues will also be revisited. In this context, this research project will help people to rethink copyright in the digital environment. For example, how to achieve a real and more fair copyright reform, and how to seize the opportunity to develop national culture.

Publications

07/2019 Chinese Copyright Law in the Big Data Era: New Meaning of ‘Using a Work’ and Technological Transformation Use , 2019 Annual General Conference of the European China Law Studies Association,Durham University, Jiarong Zhang


03 /2019 Review of Enyinna Nwauche, The Protection of Traditional Cultural Expressions in Africa, European Intellectual Property Review, Jiarong Zhang


12/2016 Analysis of the Work A uthorship of Reproduced Brocade Song Brocade as a n Example , China High Technology Enterprises, Jiarong Zhang

 
03/2016 Traditional Cultural Expressions in the Perspective of Intellectual Property Red efinition and Subject Matter , Legal System and Society, Jiarong Zhang

11/2015 Comments on the New Law of the PRC on Promoting the Transformation of Scientific and Technological Achievements and Application of Intellectual Property , Electronics Intellectual Property (CSSCI), Jiarong Zhang and Fenglin Yin


02/2014 Intellectual Property Protection in Shanghai Free Trade Zone: Challenges and Countermeasures,Electronics Intellectual Property ( CSSCI), Fenglin Yin and Jiarong Zhang

 

Supervisors

Additional Information

07/2019 Chinese Copyright Law in the Big Data Era: New Meaning of ‘Using a Work’ and Technological Transformation Use , 2019 Annual General Conference of the European China Law Studies Association,Durham University, Jiarong Zhang


03 /2019 Review of Enyinna Nwauche, The Protection of Traditional Cultural Expressions in Africa, European Intellectual Property Review, Jiarong Zhang


12/2016 Analysis of the Work A uthorship of Reproduced Brocade Song Brocade as a n Example , China High Technology Enterprises, Jiarong Zhang

 
03/2016 Traditional Cultural Expressions in the Perspective of Intellectual Property Red efinition and Subject Matter , Legal System and Society, Jiarong Zhang

11/2015 Comments on the New Law of the PRC on Promoting the Transformation of Scientific and Technological Achievements and Application of Intellectual Property , Electronics Intellectual Property (CSSCI), Jiarong Zhang and Fenglin Yin


02/2014 Intellectual Property Protection in Shanghai Free Trade Zone: Challenges and Countermeasures,Electronics Intellectual Property ( CSSCI), Fenglin Yin and Jiarong Zhang