Public Security Bureau, National Copyright Administration Temporary Regulations Concerning Strengthening Cooperation and Coordination in the Attack Work on Unlawful and Criminal Copyright Infringement
Promulgated on 26 March 2006
Article 1: In order to strengthen the coordination and cooperation of Public Security organs and the copyright administrative management entities (hereafter named “both parties”), to severely attack unlawful and criminal acts of copyright infringement, to protect the copyright and related rights of the authors of literary, artistic and scientific works, and to stimulate the development and prospering of cultural and scientific enterprises, these Regulations are formulated in accordance with the “Criminal Law of the People’s Republic of China”, the “Copyright Law of the People’s Republic of China”, the “Regulations on Transfer of Suspected Criminal Cases by Administrative Enforcement Entities” and related laws and regulations.
Article 2: Linking up and coordinating the work of both parties in strengthening the attack against unlawful and criminal acts of copyright infringement, includes information sharing on suspected unlawful and criminal acts of copyright infringement and consultation on attack strategies, transferring and receiving cases of suspected unlawful and criminal acts of copyright infringement according to the law, mutual information sharing on intelligence and information concerning attack on unlawful and criminal acts of copyright infringement, joint development of propaganda and international exchange and other programmes in the field of copyright protection.
Article 3: Both parties will be specially managed by Public Security organs’ public order management entities and copyright administrative enforcement entities in linking up and coordinating the work in attacking unlawful and criminal acts of copyright infringement.
Article 4: the Ministry of Public Security Order Control Bureau, the National Copyright Administration Copyright Management Department as well as all provincial-level and municipality level Public Security organs’ public order management entities and copyright administrative management entities should establish a joint conference system on attacking suspected unlawful and criminal acts of copyright infringement. The joint conference will be composed of the responsible persons in charge of investigating and prosecuting suspected unlawful and criminal acts of copyright infringement of the Public Security organs, the copyright administrative management entities and other related functional departments.
The Public Security organs of county level should establish a joint coordination mechanism to attack unlawful and criminal acts of copyright infringement with the copyright administrative management entities of the same level, and determine the practical shape and participating work units based on their local conditions. For those not having established copyright management entities, the Public Security organs of higher than county level should jointly establish a joint coordination mechanism to attack unlawful and criminal acts of copyright infringement together with the Press and Publications, Culture and other entities bearing the duty of administrative copyright enforcement.
Article 5: the Joint Conference should be convened once every year, convened in turn by the Public Security organs’ public order management entities and copyright administrative enforcement entities, the organizing side is responsible for the preparation and organizing work. If significant or urgent situations or major work needing united deployment, an ad hoc joint conference may be convened.
The main content of the joint conference is to summarize the situation concerning joining and coordinating work, formulating work steps and plans, the work of studying the handling of significant cases, exchanging intelligence and information concerning the attack against unlawful and criminal acts of copyright infringements. Relevant matters decided by joint conferences on all levels, should be reported to higher-level the organ in charge.
Article 6: If copyright management entities discover case clues on suspected unlawful and criminal acts of copyright infringement during the process of law enforcement, they should promptly share information with the Public Security organ of the same level.
If Public Security organs discover case clues on suspected unlawful and criminal acts of copyright infringement during their work, they should promptly share information with the copyright management entity of the same level.
Article 7: When copyright administrative management entities share case clues with Public Security organs, they should attach the following materials:
(1) case (clues) information sharing letter;
(2) the investigation report finding suspected criminal case circumstances;
(3) sample materials of infringing duplications;
(4) criminal evidence materials;
(5) other relevant materials.
Article 8: When Public Security organs share administrative violation case clues with copyright management entities, they should attach the following materials:
(1) case (clues) information sharing letter;
(2) the investigation report finding suspected administrative case violations;
(3) relevant evidence materials;
(4) other relevant materials.
Article 9: Public Security materials should, within three working days after the receipt of information shared by copyright management entities, conduct investigation into the reported case clues according to the law, and may discuss or request with the copyright management entity to organize necessary assistance. If it is believed that there are criminal facts, which should be subject to criminal liability investigations, it will be decided to file a case according to the law, and the copyright management entity that reported the clues will be informed in writing.
Copyright management entities should, within three working days after the receipt of clues concerning cases of unlawful acts from a Public Security organ, conduct investigation into the reported case clues according to the law, if it is believed that there are facts of copyright infringement constituting an administrative violation, it will be decided to file a case according to the law, and the Public Security organ that reported the clues will be informed in writing; if it is not believed that there are facts of copyright infringement constituting an administrative violation, no case will be files and the Public Security organ that reported the clues will be informed in writing.
Article 10: During the process of filing a case investigating copyright violation, the copyright administrative enforcement agency should transfer suspected criminal cases to Public Security Organs according to the “Regulations on Transferring Suspected Criminal Cases by Administrative Enforcement Organs” and relevant regulations, and may not substitute administrative punishment for criminal punishment.
When copyright administrative enforcement agencies transfer cases, they should in principle send one case one time. If the number of cases to be transferred is relatively large, or the case details are complicated, or the nature of the case is hard to grasp, the copyright management entity may convene a case coordinating council with the Public Security organs. If a case is decided to be transferred, the copyright management entity should formulate a “Suspected Criminal Case Transfer Note”, and send it together with the copyright evidence and other materials gathered and transfer it to the Public Security organs.
Article 11: Public Security organs and copyright management entities should jointly strengthen copyright authentication work, and promote establishment of copyright authentication systems, and organize relevant law enforcement guarantees to attack criminal and unlawful acts of copyright infringement.
Article 12: Concerning clues on significant cases discovered during work, the Public Security organs and copyright management entities may convene an ad hoc joint conference, and when necessary invite representatives of other law enforcement organs to attend, to jointly consult and deliberate the nature of the case and to decide on attacking countermeasures, and to launch joint attack work.
Joint attack work should be guided by the principle of “precise attack” and “whole process attack”, should take the form of a coordinated operation, ascertain the plotters, organizers and participants of all segments of production, sale, transport, packaging etc. of pirated and infringing duplication, and destroy the entire criminal network.
“Significant cases” as named in this article, refers to cases that cause large harm to society, strong effects in society, of which the value is large, that involve international criminal gangs or other cases both parties deliberated and decided that should be jointly attacked.
Article 13: If Copyright management entities, when receiving reports containing clues of a significant case or tracking down a significant case on the scene of law enforcement, believe that a case is suspected criminal, it should immediately inform the Public Security organs, the Public Security organs should sent personnel on the scene, and jointly deliberate on the investigation and prosecution work. If both parties believe it conforms to conditions for transfer, it should be immediately handed over and dealt with by Public Security organs, according to the “Regulations on Administrative Law Enforcement Organs Transferring Suspected Criminal Cases”
Article 14: Within three working days after delivery of the Public Security organ’s Decision on Case Filing Notice, Copyright management entities should conduct formalities for transfer of relevant infringing duplications and materials, tools and equipment etc. used in the unlawful or criminal act to the Public Security organs. If Public Security organs need to be present at the seen to examine and approve goods relevant to the suspected case or gather necessary infringing duplication specimens, the copyright administrative law enforcement entities should grant vigorous assistance.
Article 15: If Public Security organs need to consult copyright management entities to determine the question of whether relevant acts constitute copyright infringement or not, it should put forward a request for advice in written form to the copyright management entity of the same level, and should also present materials such as specimens of suspected infringing reproductions, photos, written explanations, etc. Apart from cases with complex details, the copyright management entity should respond within 15 working days after receipt of the correspondence, the advice of the copyright management entity may function as reference for Public Security organs in handling the case.
If Local Public Security organs, concerning cases with significant or complex details, need to consult copyright management entities of one level higher to determine the question of whether relevant acts constitute copyright infringement or not, they should first report the relevant situation to the Public Security organ of one level higher, and the Public Security organ of one level higher will solicit opinions from the copyright management entity of the same level.
Article 16: Public Security organs and copyright management entities should strengthen mutual assistance and support in the process of law enforcement, and should jointly develop special programmes depending on the actual needs, and under the leadership of the local party committee, government and the higher-level Public Security organs and copyright management entities.
Article 17: Both parties should elaborate their respective resource superiority, jointly organize and develop training, propaganda, honouring and other activities. In international law enforcement cooperation, they must act in close coordination, and jointly participate in international exchange activities.
Article 18: the Ministry of Public Security Order Control Bureau, the National Copyright Administration Copyright Management Department carry out joint supervision over both parties’ implementation of these Regulations; all provincial, autonomous region and municipal Public Security organs and copyright management entities carry out supervision over implementation in their jurisdiction.
Article 19: These Regulations take effect on the day of promulgation。