Copyright
Notice concerning the Standardization of the Online Reprinting Copyright Order
In order to implement the CCP Central Committee General Office and State Council General Office “Guiding Opinions concerning Promoting the Converged Development of Traditional Media and New Media”, encourage lawful and sincere business between newspaper and periodical work units and Internet media, promote the establishment and completion of copyright cooperation mechanisms, and standardize the online reprint copyright order, on the basis of the relevant regulations of the “Copyright Law of the People’s Republic of China”, the “Copyright Law Implementation Regulations of the People’s Republic of China”, and the “Regulations to Protect the Right of Distribution Through Information Networks”, matters concerning standardizing the online reprint copyright order are hereby notified as follows: Read the rest of this entry »
State Council publishes new Copyright Law Revision Draft
On 6 June, the State Council Legal Affairs Office published a new draft to revise the Copyright Law (h/t China IPR). This is the third draft that has been published, reviving an process that had fallen someway out of the spotlight during the turbulent first year of the Xi administration. The State Council is accepting responses and opinions concerning this draft until 5 July. After this, it will conceivably be sent to the National People’s Congress for further reading. I am currently comparing the new version with the second revision draft, published by the National Copyright Administration in 2012, and will publish a full translation and comment in due course. In the mean time, the State Council’s accompanying explanatory document is translated below.
Explanation of the “Copyright Law of the People’s Republic of China” (Submission Version of the Revision Draft)
In order to smoothly carry out the revision work of the Copyright Law, the National Copyright Association has established a special “National Copyright Administration Leading Group for Copyright Law Revision Work” and a “National Copyright Administration Expert Committee for Copyright Law Revision Work”, these broadly solicited opinions and suggestions from all walks of society concerning work to revise the law, and have entrusted three education and research work units that are relatively influential domestically in the area of copyright to draft separate expert suggestion drafts for the revision of the Copyright Law. After the first versions of the Copyright Law Revision Drafts were created, the National Copyright Administration solicited opinions respectively from the social public, legislative, judicial and administrative departments, as well as corresponding social organizations, through its official website and special letters, it organized or participated in specific conferences directed at soliciting opinions in specific areas, specific sectors of specific departments, and heard suggestions and opinions in face-to-face meetings with relevant interested subjects. More than a year ago, on the basis of broadly listening to the opinions of the social public and domestic and foreign relevant organs, and through repeated research, analysis and argumentation, it created the “Copyright Law of the People’s Republic of China” (Submission Version of the Revision Draft) (hereafter simply named Submission Version”). Hereby, the relevant content from the Submission Version is explained as follows: Read the rest of this entry »
Copyright Law of the People’s Republic of China (Revision Draft, Submission Version)
National Copyright Administration
Revision Draft, Submission Version
Chapter I: General Principles
Chapter II: Copyright
Section I: Copyright holders and their rights
Section II: Copyright entitlement
Section III: The term of protection of copyright
Chapter III: Related rights
Section I: Publishers
Section II: Performers
Section III: Audio producers
Section IV: Radio stations and television stations
Chapter IV: The limitations of rights
Chapter V: The exercise of rights
Section I: Copyright and related right contracts
Section II: Collective copyright management
Chapter VI: Technological protection measures and rights management information
Chapter VII: The protection of rights
Chapter VIII: Supplementary provisions
Chapter I: General provisions Read the rest of this entry »
State Council Decision concerning Revising the “Implementation Regulations for the Copyright Law of the People’s Republic of China”
This revision of the Copyright Law Implementation Regulations refines punitive rules for copyright infringements that harm social or public interest. The maximum punishment for large cases has been increased from three times to five times the illegal business value, and a mandatory minimum of one time the illegal business value has been added. For smaller cases, the maximum fine has been raised from 100.000 Yuan to 250.000 Yuan.
The State Council has decided to make the following revision to the “Implementation Regulations for the Copyright Law of the People’s Republic of China”:
Article 36 is revised into: “Where an act of infringement listed in Article 48 of the Copyright law occurs, and at the same time, the social or public interest is harmed, and illegal business value is 50.000 Yuan or more, the administrative copyright management department may impose a fine of one time or more but less than five times the illegal business value; where there is no illegal business value or the illegal business value is less than 50.000 Yuan, the administrative copyright management department, on the basis of the gravity of the circumstances, may impose a fine of 250.000 Yuan or less.”
This Decision takes effect on 1 March 2013.
The “Implementation Regulations for the Copyright Law of the People’s Republic of China” are revised on the basis of this Decision and promulgated again. Read the rest of this entry »
Decision concerning Revising the “Information Network Dissemination Right Protection Regulations”
People’s Republic of China State Council Decree
No. 634.
The “State Council Decision concerning Revising the ‘Information Network Dissemination Right Protection Regulations'” was passed at the 231st Business Meeting of the State Council on 16 January 2013, is hereby promulgated, and takes effect on 1 March 2013.
Premier: Wen Jiabao
30 January 2013 Read the rest of this entry »
Report concerning the Situation of Intellectual Property Rights Adjudication Work
Committee Head, all Vice Committee Heads, Secretary General, all Committee Members:
On the basis of the arrangement of this Standing Committee, I represent the Supreme People’s Court in reporting the situation of intellectual property rights adjudication in People’s Courts since 2008, for your deliberation.
I, Progress and achievements in intellectual property rights adjudication work in recent years. Read the rest of this entry »
Regulations concerning Some Issues of Applicable Law in Hearing Civil Dispute Cases on Infringement of the Right to Dissemination through Information Networks
(FS (2012)20, passed at the 1561st meeting of the Supreme People’s Court Trial Committee on 26 November 2012
Supreme People’s Court of the People’s Republic of China Announcement
The “Supreme People’s Court Regulations concerning Some Issues of Applicable Law in Hearing Civil Dispute Cases on Infringement of the Right to Dissemination through Information Networks” have been passed at the 1561st of the Supreme People’s Court Trial Committee on 26 November 2011, are hereby promulgated and take effect on 1 January 2013.
Supreme People’s Court
17 December 2012. Read the rest of this entry »
Interpretation concerning Some Questions on Concretely Applicable Law in Hearing Civil Dispute Cases of Infringement of the Right to Dissemination Through Information Networks
The “Supreme People’s Court Interpretation concerning Some Questions on Concretely Applicable Law in Hearing Civil Dispute Cases of Infringement of the Right of Dissemination Through Information Networks” has been passed on 26 January 2012 by the 1561st meeting of the Supreme People’s Court Trial Committee, is hereby promulgated, and will take effect on 1 January 2013.
Supreme People’s Court
17 December 2012 Read the rest of this entry »
Copyright Law of the People’s Republic of China (Second Revision Draft)
Changes in the updated document in comparison with the earlier March draft are underlined.
National Copyright Administration, July 2012
Chapter I: General Principles
Chapter II: Copyright
Section I: Copyright holders and their rights
Section II: Copyright entitlement
Section III: The term of protection of copyright
Chapter III: Related rights
Section I: Publishers
Section II: Performers
Section III: Audio producers
Section IV: Radio stations and television stations
Chapter IV: The limitations of rights
Chapter V: The exercise of rights
Section I: Copyright and related right contracts
Section II: Collective copyright management
Chapter VI: Technological protection measures and rights management information
Chapter VII: The protection of rights
Chapter VIII: Supplementary provisions Read the rest of this entry »
A Brief Explanation concerning the Revision and Perfection of the “Copyright Law of the People’s Republic of China” (Second Revision Draft)
(National Copyright Administration, July 2012)
I, The basic situation of the Opinion-seeking Draft
On 31 March 2012, the National Copyright Administration published the “Copyright Law of the People’s Republic of China” (Revision Draft) through the official websites of the National Copyright Administration and the General Administration of Press and Publications, and openly solicited the opinions and suggestions from all walks of society. In early April, the National Copyright Administration legislative work leading small group chair, General Administration of Press and Publications Director and National Copyright Administration Director Liu Binje and legislative work leading small group vice-chair, GAPP vice-director and NCA vice-director Comrade Yan Xiaohong respectively sent letters to the responsible comrades of 35 relevant departments to solicit opinions in their personal name; the National Copyright Administration Secretariat sent letters to 40 relevant State Council ministries and commissions to solicit opinions. Read the rest of this entry »
2012 Work Essentials for Attacking Intellectual Property Rights Infringements and the Production and Sale of Fake and Inferior Products Nationwide
State Council Secretariat Notice Concerning Printing and Issuing the 2012 Work Essentials for Attacking Intellectual Property Rights Infringements and the Production and Sale of Fake and Inferior Products Nationwide
GBF No. (2012)30
All provincial, autonomous region and municipal People’s Governments, all State Council Ministries and Commissions, all directly subordinate organs:
The “2012 Work Essentials for Attacking Intellectual Property Rights Infringements and the Production and Sale of Fake and Inferior Products Nationwide” have been agreed to by the State Council, are hereby issued to you, please earnestly implement them.
State Council Secretariat
15 May 2012
2012 Work Essentials for Attacking Intellectual Property Rights Infringements and the Production and Sale of Fake and Inferior Products Nationwide
Work to attack intellectual property rights infringement and the production and sale of fake and inferior products nationwide in 2012 must persist in treating both root causes and symptoms, and focusing on prominent matters, completely implement the spirit of the “State Council Opinions Concerning Further Performing Work Attacking Intellectual Property Rights Infringements and the Production and Sale of Fake and Inferior Products” (GF No. (2011)37), revolve around prominent problems of infringement and fakes, launch special campaigns, strengthen criminal judicial attack, establish and perfect long-term mechanisms, strengthen basic construction, strengthen propaganda and guidance, and guarantee work efficiency. Read the rest of this entry »
A Brief Explanation concerning the “Copyright Law of the People’s Republic of China” (Revision Draft)
At the end of March, the National Copyright Administration published a draft for the upcoming revision of the Copyright Law. It also issued an accompanying explanation as to which changes were made in the Copyright Law and why. Mainly, these changes are to be found in consolidating the copyright law regime, by including a number of provisions which were present only in administrative regulations; bringing the law in line with the WIPO treaties to which China acceded in 2007; instituting new requirements on copyright-related contract registration; and expanding the role of collective copyright management organizations. Also, the draft provides a safe haven for technological network service providers.
I, The basic situation of our country’s copyright law
The basic framework of our country’s copyright legal system is composed of laws, administrative regulations, local regulations, departmental rules, local government rules, normative documents, judicial interpretation, as well as corresponding international treaties, etc. After 20 years of efforts, our country has shaped a relatively complete copyright law system. Read the rest of this entry »