Notice Concerning Strictly Attacking “Kung Fu”, “Dao Lang”, “The Great Emperor Han Wu Di” and a Series of Other Unlawful Audiovisual Products
29 December 2004
All provincial, autonomous region and municipal culture offices (bureaus), the Xinjiang Production-Construction Corps Culture Bureau, the Beijing Municipal Press and Publications Bureau:
New Year and the Spring Festival of 2005 are about to arrive, this is a peak sales season that happens once a year in the audiovisual market. Lawless persons also often use the New Year and Spring Festival period to peddle and hawk smuggled and pirated audiovisual products on a large scale, disordering cultural market order and infringing the intellectual property rights of copyright holders. In order to further strengthen audiovisual market management during the Spring Festival period, firmly attack unlawful and criminal activities of intellectual property infringement, in order to create a good market environment for the development of the audiovisual industries of our nation, the relevant matters are hereby notified as follows:
I, Recently under the attack and influence of compressed DVD discs and other unlawful audiovisual products, the confidence of audiovisual product wholesale and retail merchants operating in legitimate goods has been harmed, and irregular large amounts of goods and other phenomena have emerged in markets. All levels’ culture management departments and inspection organs must, from the height of moving the Socialist spiritual civilization construction forward and protecting intellectual property rights and the nation’s audiovisual industry, firmly attack compressed DVD discs and a series of other unlawful audiovisual products, give high regard to the fostering and development of local culture markets, assist audiovisual product trading work units to establish confidence, raise market expansion capacity and the capacity to withstand risks, unflinchingly engage in legitimate audiovisual product circulation, distribution and retail business activities, in order to serve satisfying the popular masses’ daily increasing spiritual needs
II, In order to realistically expand intellectual property rights protection strength, the Supreme People’s Court and the Supreme People’s Procuratorate have recently published the “Interpretation Concerning Some Issues on the Concretely Applicable Law in Handling Criminal Intellectual Property Rights Infringement Cases” (hereafter named “Interpretation”) and have officially implemented it. The “Interpretation” clearly provides that those reproducing and distributing 1000 discs (copies) of unlawful audiovisual products shall be punished under the crime of infringing copyright with a prison sentence of three years or less or short detention; those distributing 500 discs (copies) of unlawful audiovisual products, shall be punished under the crime of copyright infringement with a prison sentence of three years or more but less than seven years. The official implementation of the “Interpretation” has established a good legal basis for strengthening audiovisual market management, protecting legitimate version trading and strictly attack piracy trading.
All levels’ cultural market management departments and inspection organs must earnestly study, understand and implement the “Interpretation”, further launch punishment campaigns where pirates are delivered to courts. During cultural market inspection and management work, special attention must be paid to coordinating and cooperating with public security, procuratorates, courts and other departments, strictly implementing the “interpretation” and expanding criminal protection strength for the audiovisual market. All cases that are suspected to constitute a crime shall, according to the “Regulations on Administrative Law Enforcement Organs Transferring Suspected Criminal Cases”, prepare the required documents and thoroughly organize case transfer.
III, After the issuance of the “Ministry of Culture Urgent Notice Concerning Launching the Audiovisual Market Administration Winter Campaign to Severely Attack DVD Condensed Discs” (WMDZ No. 28), all levels’ cultural market departments and inspection organs have thoroughly organized matters and vigorously operated, have obtained important achievements in attacking compressed DVD discs and other unlawful audiovisual products, but the situation that pirated compressed DVD discs are rampant has not been basically stopped, and in a number of areas, this sort of problem of overflowing piracy is still very grave. All levels must continue to implement the “Ministry of Culture Urgent Notice Concerning Launching the Audiovisual Market Administration Winter Campaign to Severely Attack DVD Condensed Discs“, firmly attack lawless persons’ use of high and new technology methods to engage in unlawful and criminal acts of smuggling and piracy, determinedly capture compressed DVD discs and other unlawful audiovisual products, and organize large-scale destruction activities, in order to frighten lawless persons, and express the strength and determination of government organs in attacking piracy and protecting intellectual property rights.
IV, In recent years, extremely small numbers of lawless persons have often wildly pirated programmes having relatively high market appeal, causing the rights holders to suffer grave economic damage. In the near future, we must strictly attack unlawful audiovisual products such as the film “A World Without Thieves” (the legitimate version is exclusively distributed by the Guangdong Zhongkai Culture Development Co. Ltd., all carry a press and publications audiovisual anti-counterfeit symbol with number YX0008), “Kung Fu” (the legitimate version will be distributed from 1 February 2005 by Guangdong Taisheng Culture Dissemination Co. Ltd), the music compilation “Dao Lang – Kasghar Poplars” (the legitimate version is exclusively distributed by the Guangdong Dazheng Cultural Dissemination Co. Ltd., all carry a press and publications audiovisual anti-counterfeit symbol with number YX0009), the television drama “The Great Emperor Han Wu Di (the legitimate version is exclusively distributed by the Guangdong Zhongkai Culture Development Co. Ltd., all carry a press and publications audiovisual anti-counterfeit symbol with number YX0008), etc. At the same time, the Ministry of Culture Cultural Market Department will announce a catalogue and the characteristics of all legitimate originally-sing audiovisual products of Dao Lang (Luo Lin) on the Chinese Cultural Market web (www.ccm.gov.cn).
V, Extremely small numbers of lawless persons have often collected large numbers of programmes in piracy activities, adopted serial piracy methods, marked series names, and flooded the market on a large scale. Film and music are two categories with the most series piracy. All levels must pay attention to collecting the names and characteristics of series piracy during their work, and regularly issue inspection and capture catalogues to guide the local inspection work. The Ministry of Culture Cultural Market Department will set up a “Full Series Piracy Catalogue” theme on the Chinese Cultural Market web audiovisual channel and the culture inspection channel, and regularly announce the most recent full series piracy names, characteristics and main programme categories. All localities are requested to report situations such as full series piracy names, characteristics, main programme categories and quantities, etc., discovered during the process of investigating and prosecuting cases to the Ministry of Culture Cultural Market Department (010-65551880, 65551899).
It is hereby notified.
Ministry of Culture General Office
29 December 2004