Beijing Agreement

This treaty is the result of a long process that includes two previously missed opportunities. The first international treaty on the protection of intellectual property rights in all performances was the 1961 Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasters. While taking new paths, it offered performers limited protection, not moral rights. In addition, one of its provisions expressly denied any economic right to audiovisual fixation. In 1961, therefore, it was the beginning of a long discrimination between the protection of the intellectual property of audio and audiovisual recordings at the international level, which was only lifted by the BTAP in 2012. A WIPO diplomatic conference in 1996 would finally update the protection of the Rome Convention and would only reclassify IP rights by audio interpreters. Another diplomatic conference, in 2000, devoted specifically to audiovisual performances, resulted in a preliminary agreement on 19 substantive articles, but could not conclude a contract, as differences of opinion on the sensitive issue of the transfer of performers` rights to producers could not be reconciled. Indeed, the search for an acceptable compromise on this issue was the main reason why it took so long to conclude a treaty on audiovisual performances. Indeed, performers` rights in audiovisual works are managed differently in different legal systems and, while the producers` lobby insisted on a binding presumption of the transmission rule, an overwhelming majority of countries opposed it. It took another 12 years for producers to finally accept a provision which, while recognising the presumption of transmission rules contained in national legislation, does not make them the over-the-board rule in audiovisual production contracts between performers and producers. In accordance with the Convention, the eastern border between Russia and China was established from the confluence of the Shilka and Argun rivers downstream of the Amur to the point of flowing into the Ussuri River. The lands on the left (northern) bank of Amur have been declared Russian; and on the right bank (to the south) – Chinese. In addition, the boundary was fixed along the Ussuri and Sungacha rivers, Hanka Lake, the Belenhe River (Tower), then along the ridge to the mouth of the Hubitu River (Hubtu, Ushagou) and from this place “by the mountains that lie between the Hunchun River and along the sea to the Tumen River”.

And the lands located east of this line were declared the territory of Russia and the West , the territory of China. The agreement was a map of the eastern part of the Russian-Chinese border. Russia has thus definitively secured the Ussuri region. The Convention or first Convention of Beijing is an agreement that includes three separate treaties between the Qing Dynasty of China and Great Britain, France and the Russian Empire in 1860. In China, they are considered one of the unequal treaties. The Ministry of Foreign Affairs of the Republic of China keeps the original copy of the Convention at the National Palace Museum of Taiwan. [1] In the introductory part of the Convention, which consisted of 15 clauses, it was stated: “Carefully examining and discussing the agreements between Russia and China, the emperor and autocrat of all Russians and Bogdo Khan Daytsinsky, for the greater bond of friendship between the two rich, for the development of trade relations and to avoid any misunderstanding, has decided to draft several additional clauses… ». On behalf of Russia, the agreement was signed by the Russian envoy to China, Major General N.P. Ignatiev; on behalf of China – chinese Grand Prince Kung-chin-van. .

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