Provisional Rules on Rewarding Reporting, Investigating and Punishing Infringement or piracy Activities
Article 1: In order to encourage reporting, investigation and prosecution of infringement or piracy activities, severely attack infringement or piracy activities, safeguard the orderly development of copyright-related industries, according to relevant State laws and regulations, these Rules are formulated.
Article 2: The National Copyright Administration establishes an anti-piracy reporting centre (hereafter simply named reporting centre), to undertake relevant work concerning rewarding meritorious work units and individuals in investigating and prosecuting major infringement or piracy activities. The reporting centre establishes the free reporting phone line 12390 and the reporting e-mail address email@example.com, to accept reports from the societal public concerning infringement or piracy activities.
Article 3: Major infringement or piracy activities and cases, refers to infringement or piracy cases investigated and prosecuted or prosecuted in cooperation by entities such as copyright, public security, culture, industry and commerce, publications market supervision, etc., of all levels, according to the relevant provisions of copyright laws and regulations as well as criminal law concerning criminal copyright infringement.
Article 4: Reward conditions for units and individuals reporting major infringement or piracy cases (hereafter named reporting persons):
(1) reporting infringement or piracy cases in writing, through telephone, e-mail or other manners;
(2) being able to provide unlawful facts, leads or evidence, the reported subject must be explicit and concrete, have a crucial function in the prosecution of the case;
(3) provided evidence or leads may not be grasped by administrative organs or judiciary organs beforehand;
(4) reported facts must be clear and verified, and be punished administratively according to the relevant provisions of copyright laws and regulations as well as criminal law concerning criminal copyright infringement, or be transferred to the judicial organs for registering and handling according to the law;
(5) other required conditions.
Article 5: According to the extent in which the unlawful facts, leads or evidence, etc. provided by the reporting person conform to the case investigation and conclusions, rewards may be awarded according to the following three categories:
(1) Provision of detailed unlawful facts, infringement or piracy leads or corresponding evidence of the reported person, assisting and participating in investigation and prosecution work at the scene, the reported situation is completely conforming to the conclusion of the facts.
(2) Provision of partial unlawful facts, infringement or piracy leads or corresponding evidence of the reported person, assisting and participating in investigation and prosecution work, the reported situation is conforming to the conclusion of the facts.
(3) Provision of a small amount of unlawful facts, infringement or piracy leads or corresponding evidence of the reported person, not directly assisting and participating in investigation and prosecution work, the reported situation is not conforming to the conclusion of the facts.
Article 6: According to the extent of influence of the reported infringement or piracy case or the amount of unlawful property obtained, the reward value for the reporting categories provided in Article 5 of these Rules is integrated. The reward amount for each case may not exceed 100.000 Yuan. For major cases, or cases having a major national influence, or where the value of the case is huge, the reward amount may not be bound by this limit.
Article 7: Where two or more reporting persons report the same unlawful activity successively, only the first reporting person shall be rewarded; where two or more reporting persons report the same unlawful activity together, the reporting persons themselves discuss the division proportion, where discussions do not succeed, the reward money is divided equally.
Article 8: Reward conditions for work units and personnel investigating and prosecuting or assisting in investigation and prosecution of major infringement or piracy cases:
(1) displaying excellence in investigating and prosecuting major infringement or piracy cases;
(2) during the process of investigating and prosecuting major infringement or piracy cases, actively providing equipment, facilities, personnel or other assistance, having a major function in investigating and prosecuting the case;
(3) the investigated and prosecuted case must have been punished administratively according to copyright laws, regulations or rules, or have already been transferred to the judiciary for filing and handling according to the law;
(4) other required conditions.
Article 9: To reward work units or individuals meritorious in investigating and prosecuting or assisting in investigation and prosecution of major infringement or piracy cases, the reward for meritorious work units in general is 100.000 Yuan or less for each case, the reward for meritorious individuals in general is 10.000 Yuan or less. For major cases, or cases having a major national influence, or where the value of the case is huge, the reward amount may not be bound by this limit.
Article 10: The reporting centre regularly verifies and determines the subjects of rewards and the value of rewards, and notifies the rewarded persons to collect the rewards.
Article 11: Rewarded work units and individuals shall after receiving notice of reward, timely conduct reward collecting formalities with valid work unit credentials or the identity card of that person.
Article 12: The reporting centre shall keep the reporting materials and the information of reporting persons strictly secret. Without permission of the reporting person, it is prohibited to make relevant information public, such as the reporting persons’ name, identity, place of residence, etc., the violator shall bear legal liability.
Article 13: No work unit or individual may conduct retaliation against reporting persons, the violator shall bear legal liability.
Article 14: The implementation of these Rules does not influence other laws and regulations’ application of provisions for rewarding reporting, investigating and prosecuting infringement or piracy activities.
Article 15: The National Copyright Administration has the responsibility for interpreting these Rules.
Article 16: These rules take effect from the day of promulgation.