Showing posts with label Shaolin. Show all posts
Showing posts with label Shaolin. Show all posts

Thursday, January 15, 2009

Zen And the Art Of Intellectual Property in China

I love that title (remix of perfect book title: Zen and the Art of Motorcycle Maintenance, by Robert Pirsig, which is a remix of the title Zen in the Art of Archery, by Eugen Herrigel who brought Zen to Europe after WOII), and have repeated it like a mantra. All the time I meditated until there was an occasion to use the title. That time has come now that the universe has alligned to this mantra, at last.

The occasion is an interesting article in the Shanghai Daily (one page free the rest paid) and a fine adaptation of the article on Xinhua with the same title (shorter but free) "Commercialism or industrialization is path to truth of Zen" about the world famous Shaolin Monastery turning to intellectual property to spread its ideas.

In the article the author asks whether the ideals of Zen Buddhism can be reconciled with commercialism/industrialization. Good question, my first take would be yes, because "seemingly disjunct or opposing forces are interconnected and interdependent in the natural world, giving rise to each other in turn." Here I would like to limit myself to some words on the three pillars of the Shaolin Monastary: Zen, martial arts and medicines.
Martial arts
Shaolin monks know not only how to use their hands (Plum flower fist, eigh flower fist and don't forget Dragon technique) and feet as lethal weapons. They also know how to protect their intellectual property rights assertively, as early as 1997; see the 2005 IP Dragon article about it here.

Martial arts. The Shaolin monastery tried to protect the incredible Shaolin kungfu style as an intangible cultural heritage with Chinese characteristics already in 2002, which was granted in 2006; see the 2006 IP Dragon article about it, here.

Medicines
China is keen to protect traditional Chinese medicines. My perception of traditional Chinese medicines is that the protection is difficult, since these medicines are highly personalised to each patient. Then again the medicines can be standardised. In 2007 Jia Hepeng wrote for Intellectual Property Watch that China still has problems with protecting traditional Chinese medicines, because of the gap between the patent system and the protection efforts for traditional knowledge, read here.

Zen 禪
Looking at the history of Zen Buddhism one could see this set of beliefs as an example of the benefits and appeals of remix, avant la lettre. It all started with Bodhidharma, an Indian prince, who went into China (teaching a special transmission outside normal Buddhist scripture), where the school of thought radically changed. This procedure happened again when the ideas were taken to Korea, and Japan and also to Vietnam it changed very much because of the influence of the local population. The result is that we now have an Indian version of Zen called Dhyāna, a Vietnamese version called Thiền, a Chinese version called Chán, a Korean version called Seon, and a Japanese version that obviously has become most popular in the West, called Zen and which is often used as a denominator of all these styles. I guess Zen is used in a dilutionary way for a long time.

I am doubtful if we would have such a wealth of branches in Zen Buddhism if the manifestations of Buddhism were protected and enforced by intellectual property rights after the time of the adventurous Bodhidharma, who went north to spread his ideas (Bodhidharma was not really infringing upon the intellectual property rights of Buddhism, even if there were any existent at the time, if he taught a special transmission outside scripture, as is said about him). Is remix the way to enlightenment?
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Thursday, June 05, 2008

Theatre productions in China: "Keep your ideas to yourself"

I interviewed Ms Felicitas Speth von Schülzburg, director of International Performing Arts, about her experiences with intellectual property in China. She is operating in the art sector, which is, similar to the fashion industry, very vulnerable for "trendspotters". Ms Speth has produced great performances by Chinese groups in the Netherlands such as Chinese Impressions, the China Girls (MTV Award winners and official representatives of the Olympic Games 2008 in Beijing with their Olympic song) and the Beijing Red Poppy ladies percussion, who will attend the opening and closing ceremony of the coming Olympic games. She also has worked together with real monks from the Shaolin Temple in China, The Tibetan Institute of Performing Arts ans Tibetan monks. The fame of International Performing Arts preceeded my meeting with Ms Speth, because I had already enjoyed the very swinging Shanghai Jazz Band when they performed in Amsterdam.

According to Ms Speth it is very difficult to protect and enforce the elaborations of performing arts, theatre and other formats (the use of the light, the costumes, the music, the concept etc.). Ms Speth: "In practice you can not do much with intellectual property rights. You need to be alert and keep your ideas to yourself. And be quick with your productions, because your ideas will be stolen. I found that confidentiality agreements in China don't work in the art sector." Ms Speth laments the state of awareness within the arts industry: "Because there is a lack in knowledge about the regulations and no enforcement at all, nobody dares to cooperate. Everybody is too scared about arbitrary financial demands, instead they rather steal the idea in a bad way, so they cannot be accused of complete copying. In the end everybody suffers, the creative people do not get the money they deserve and the public is getting lower quality."

Ms Speth has sympathy for the freedom of ideas, but she believes in the incentive of intellectual property rights and needs to protect the rights of the people she is working with. So she has registered the elaborations of her ideas into envelopes at the Benelux Bureau for Intellectual Property Rights for 45 euro per envelop and registered some at the notary. She is wary to enforce her rights in China from the Netherlands and relies on her partner in China to do that if it is needed.
Below you will find a few centralised collection of royalties organisations in China and Taiwan.
MCSC (Music Copyright Society of China)
119 5/F Jing Fang Building, n° 33
Dong Dan San Tiao
Beijing 100005
CHINA
Tel: +86 10 6523 26 56
Fax: +86 10 6523 26 57
MCSC is affiliated with CISAC (umbrella organisation for copyright collection of royalties organisations).
Contact Mr Zhou Wen: zhwen@mcsc.com.cn
Taiwan (Chinese Taipei)
CHA2nd floor, Unit 6,7,
Ching Dao East Road
Taipei 100
TAIWAN, CHINESE TAIPEI
Tel: +8862 2975 6611
Fax: +8862 2975 6622
MÜST
3F, 130 Nanking
East Road, Section 4
Taipei Taiwan 105
TAIWAN, CHINESE TAIPEI
Tel: +886 2 2570 7557
Fax: +886 2 2570 7556
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