ESSEN Patent & Trademark Office

The Chinese State Council Revises Copyright Rules


Posted by: ESSEN Patent & Trademark Office
Practice Area: Copyright    Country: China    Publish Date: 03-Apr-2013

State Council recently issued the decision on modifying the Copyright Law Implementation Regulations, Regulations for the Protection of Information Network Transmission Rights, Protection of Computer Software Regulations, strengthening the administrative sanctions on infringements against copyright. Anyone who provides others' works through the network shall have to obtain permission otherwise will be punished by the law. Infringing acts with illegal business revenue shall be liable to a fine of 3 to 5 times as much as the entire illegal business revenue. Infringing acts without illegal business revenue or less than 50,000 yuan shall be liable to a fine of from 100,000 to 250,000 yuan.

According to the revised Copyright Law Implementation Regulations, infringing acts given by the copyright law shall be liable to the administrative sanctions to be imposed by copyright administrative authority. The amount of the fine to be imposed for infringements against copyright shall be depending on situation of each case.

According to the revised Regulations for the Protection of Information Network Transmission Rights, unlawful gains amounted to 50,000 yuan shall be liable to a fine of 1 to 5 times as much as the entire illegal business revenue. Acts without unlawful gains or gains less than 50,000 yuan shall be liable to a fine less than 250,000 yuan.

According to the Protection of Computer Software Regulations, infringements against copyright shall be liable to the administrative sanctions imposed by copyright administrative authority in the form of injunction in relation to the production and distribution of infringing copies, confiscation of unlawful gains and seizure of infringing copies and equipment used for making infringing copies, as well as fine.

(Source: SIPO 2013-03-26)


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