State Council

State Council Decision concerning Revising the “Implementation Regulations for the Copyright Law of the People’s Republic of China”

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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 theĀ  “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”

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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 Work Situation in Deepening Cultural Structural Reform and Promoting the Grand Development and Grand Flourishing of Socialist Culture

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Given on 24 October 2012 at the 29th Meeting of the 11th Standing Committee of the National People’s Congress

Minister of Culture: Cai Wu

Standing Committee of the National People’s Congress,

I have been entrusted by the State Council to report to the Standing Committee of the National People’s Congress on the work situation in deepening cultural structural reform and promoting the grand development and grand flourishing of Socialist culture. Cultural structural reform and development work involve culture, radio, film and television, press and publications, and various other areas, and for this report, the opinions of the Central Propaganda Department as well as SARFT, the General Administration of Press and Publications, the Information Office and other departments were sought, in order to as much as possible, completely reflect the comprehensive situation of cultural structural reform and development work, please consider it. Read the rest of this entry »

Some Opinions concerning Forcefully Moving Informatization Development Forward and Realistically Guaranteeing Information Security

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GF No. (2012)23

All provincial, autonomous region and municipal people’s governments, all State Council ministries and commissions, all directly subordinate organs:

Forcefully moving informatization development and realistically guaranteeing information security has a major important significance for adjusting economic structures, transforming development methods, guaranteeing and improving people’s livelihoods, and safeguarding national security. In recent years, all regions and all departments have earnestly implemented the policies and deployments of the Party Centre and the State Council, accelerated the push forward in informatization construction, established and completed information security guarantee systems, this powerfully stimulated economic and social development. At present, the informatization of all countries in the world is developing rapidly, the application of information technology has stimulated the optimized allocation of global resources and the innovation of development models, the Internet has an even deeper influence on politics, the economy, society and culture, the international competition surrounding information obtention, use and control is becoming fiercer every day, and guaranteeing information security has become an important topic in all countries. But, some problems that urgently need to be resolved still exist in our country’s informatization construction and information security guarantees, the difference with developed countries in terms of broadband information infrastructure development levels has somewhat expanded, government information sharing and professional coordination levels are not high, and core technologies are controlled by people; there is insufficient strategic planning and comprehensive coordination in information security work, there is insufficient capacity to protect important information system and basic information network, mobile Internet and other technological applications have brought serious challenges to information security. We must further strengthen a sense of urgency, adopt even more powerful policy measures, forcefully move informatization development forward, and realistically guarantee information security. To this end, the following opinions are put forward. Read the rest of this entry »

Internet Information Service Management Rules (Opinion-Seeking Version of Revision Draft)

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Chapter I: General provisions

Article 1: In order to stimulate the healthy and orderly development of Internet information services, safeguard national security and the public interest, protect the lawful rights and interests of citizens and Internet information service providers, and standardize Internet information services activities, these Rules are formulated. Read the rest of this entry »

Explanation concerning the “Internet Information Service Management Rules (Opinion-Seeking Version of Revision Draft)

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The existing “Internet Information Service Management Rules” (hereafter named the existing Rules) are the basic regulations for our country’s Internet management, and have had a vigorous function in the healthy and orderly development of our country’s Internet information service since promulgation in 2000. Following the rapid development of our country’s Internet, many new situations have emerged, a number of new problems are faced, in order to further stimulate the healthy and orderly development of the Internet, safeguard national security and the public interest, protect the lawful rights and interests of the public and Internet information service providers, standardize Internet information service activities, according to the Constitution and corresponding laws and regulations, the State Internet Information Office, the Ministry of Industry and Information Technology and other relevant departments have conducted revision of the existing Rules, and have formed the “Internet Information Service Management Rules (Opinion-Seeking Version of Revision Draft”. Hereby, the relevant matters are explained as follows: 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

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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 »

Cultural Product and Service Export Guidance Catalogue

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Ministry of Commerce, Central Propaganda Department, Ministry of Foreign Affairs, Ministry of Finance, Ministry of Culture, General Administration of Customs, General Administration of Taxation, State Administration of Radio, Film and Television, General Administration of Press and Publications, State Council Information Office Announcement No. 3 of 2012 Read the rest of this entry »

Notice Concerning Issuing the Name List of the Second Phase Three Network Integration Trial Regions (Cities)

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GBH No. (2011)164

All provincial, autonomous region and municipal People’s Governments, all State Council ministries and commissions, all directly subordinate organs:

According to the requirements of the “State Council Secretariat Notice Concerning Issuing the Three-Network Integration Trial Plan” (GBF No. (2010)35), on the basis of the voluntary applications of provincial (regional, municipal) People’s Governments, according to the conditions that trial regions (cities) shall have, with the approval of the State Council, the name list of the second phase of the three-network integration trial is fixed, and is hereby issues, relevant provincial (regional, municipal) People’s Governments and relevant State Council departments are requested to earnestly organize trial work. Read the rest of this entry »

State Council Legal Office Explanation Concerning Public Opinion Seeking on the “Film Industry Stimulation Law of the People’s Republic of China (Opinion-Seeking Draft)”

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In order to further strengthen the openness and transparency of legislation, and raise the quality of legislation, the State Council Legal Office has decided to publish theĀ  “Film Industry Stimulation Law of the People’s Republic of China (Opinion-Seeking Draft)” (hereafter simply named “Opinion Seeking Draft”), to solicit the opinions from all walks of society. Hereby, relevant issues are explained as follows:

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State Council Decision Concerning Revising the ‘Audiovisual Product Management Regulations

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People’s Republic of China State Council Decree

No. 595

The ” State Council Decision Concerning Revising the ‘Audiovisual Product Management Regulations” was passed on 16 March 2011 at the 147th State Council Affairs Meeting, is hereby promulgated and takes effect on the day of promulgation

Premier: Wen Jiabao

19 March 2011

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State Council Decision concerning Revising the “Publishing Management Regulations”

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State Council of the People’s Republic of China Decree

No. 594

The “State Council Decision concerning Revising the ‘Publishing Management Regulations'” were passed on the 147th Council meeting of the State Council on 16 March 2011, are hereby promulgated, and take effect on the day of promulgation.

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Publishing Management Rules

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(Promulgated on 25 December 2001 as Decree No. 343 of the State Council of the People’s Republic of China, revised according to the “State Council Decision concerning Revising the ‘Publishing Management Regulations'”)

Chapter I: General provisions

Article 1: In order to strengthen publishing activity management, make Socialist publishing industries and printing work units with Chinese characteristics develop and flourish, guarantee that citizens can exert their rights to freedom of publishing according to the law, stimulate the construction of a Socialist spiritual civilization and material civilization, according to the Constitution, these Regulations are formulated.

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State Council Decision Concerning Amending the “Audiovisual Product Management Regulations” (Opinion-Seeking Draft)

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Article 1: The State Council has decided to make the following revisions to the “Audiovisual Product Management Regulations” (State Council Decree no. 341): Read the rest of this entry »

Notice Concerning Printing and Distributing the Campaign Plan for Attacking Intellectual Property Rights Infringement and Production and Sale of Fake and Inferior Products

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SCS No. (2010)50

All provincial, autonomous region and municipal People’s Governments, all State Council ministries and commissions, all directly subordinate work units: Read the rest of this entry »

Notice Concerning the Establishment of a Leading Small Group for the Nationwide Special Campaign Attacking Intellectual Property Rights Infringement and Production and Sale of Fake and Inferior Products

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SCS No. (2010)49

 

All provincial, autonomous region and municipal People’s Government, all State Council ministries and commissions, all directly subordinate organs:

The State Council decided to launch a nationwide special campaign attacking intellectual property rights infringement and production and sale of fake and inferior products from October 2010 until March 2011. In order to strengthen organizational guidance over the campaign, guarantee the substantial implementation of all duties, the State Council decided to establish a leading small group for the nationwide special campaign attacking intellectual property rights infringement and production and sale of fake and inferior products (hereafter named Leading Small Group). Hereby, the relevant matters are notified as follows:

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State Council Opinions concerning Strengthening Rule of Law Government Construction

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(GF No. (2010)33)

All provincial, autonomous region and municipal People’s Governments, all State Council ministries and commissions, all directly subordinate organs;

In March 2003, the State Council issued the “Implementation Outline to Comprehensively Move Forward Administration According to the Law” (hereafter simply named “Outline”), which clearly put forward the struggle objective of constructing a rule of law government. In order to deeply implement the basic strategy of governing the country according to the law under new circumstances, completely move administration according to the law forward, and further strengthen rule of law government construction, hereby, the following opinions are put forward. Read the rest of this entry »

State Council Report concerning the Cultural Industry Development Work Situation

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28 April 2010, 14th Meeting of the 11th National People’s Congress Standing Committee

Minister of Culture: Cai Wu

Committee head, all vice-Committee heads, secretary-general, all Committee members Read the rest of this entry »

Guiding Opinions Concerning Stimulating Flourishing and Development of the Film Industry

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NDC No. (2010)9

All provincial, autonomous region and municipal People’s Governments, all State Council ministries and commissions, all directly subordinate entities:

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State Council Notice Concerning Issuing the “General Plan to Move Three-Network Integration Forward”

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GF No. (2010)5

 

All provincial, autonomous region and municipal People’s Governments, all State Council ministries and commissions, all directly subordinate organs:

 

Hereby, the “General Plan to Move Three-Network Integration Forward” (hereafter simply named General Plan) is issued to you, please earnestly implement it. Read the rest of this entry »