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NCA Releases draft of proposed amendments to the Copyright Law for Comment

On March 31, 2012 the PRC National Copyright Administration (“NCA”) released for comment the first draft of the proposed amendments to the Copyright law. Comments are due April 30, 2012.

(In Chinese): http://www.ncac.gov.cn/cms/html/309/3502/201203/740608.html.  As far as we know the draft is not yet calendared at the State Council, nor at the NPC.  However with the passage of the Patent Law in 2008, and the pending Trademark Law revisions at the State Council, and the dramatic increase in copyright litigation as well as social interest in copyright-related issues, copyright amendments also seemed inevitable.   This draft likely incorporates comments and suggestions from prior drafts of  Renmin University, Chinese Academy of Social Sciences, and Prof. Wu Handong’s faculty in Zhongnan University of Politics and Law, as well as the predecessor efforts of former NCA Commissioner Shen Rengan and others, and the IPR and Internet related provisions of China’s Tort Law (2010).

 

Update: Rogier Creemers has translated the Draft into English, which is posted on his blog: China Copyright and Media.

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Other perspectives on Apple/Proview

Last week, we had a group of Chinese IP officials visiting Fordham – from Chinese Customs, a local Administration for Industry and Commerce and the Supreme People’s Procuratorate  – it was a perfect combination of officials to ask about the Apple / Proview case from the perspective of different Chinese government agencies, other than the courts. Continue reading →

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“Case Filing” In China’s Courts and Their Impact on IP Cases

“Case Filing” In China’s Courts and Their Impact on IP Cases

In my experience over the past decade and talking to local IP courts in China, the IPR judges have for the most part been very forthcoming, knowledgeable and engaging.  However, their colleagues in the Case Filing Division (立案庭) (“CFD”) have operated in a much more opaque way, typically not willing to meet at all, despite their playing a critical role in certain WTO / TRIPS obligations of China, such as granting/denying preliminary injunctions, preliminary evidence or asset preservation measures (“provisional measures”)(TRIPS Art. 50).  The CFD of a court is more than a court clerk or docketing officer, the CFD actually operates to accept or deny cases, typically without handing down written decisions of any kind. Continue reading →

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Indigenous Innovation in the Chongqing Police Department

The cloud of mystery surrounding Bo Xilai and his former deputy, police chief Wang Lijun continues to loom over the Chinese and western press, with many unresolved questions concerning the circumstances of Wang’s appearance before the US consulate, and the current circumstances of Bo himself. Not many would have expected any discussion of intellectual property to enter the picture. However, Bo himself did have some engagement on IP issues. He was known during his time as Minister of Commerce for taking a strong negotiating position against US pressure on IP matters. In addition, his agency did serve as a point of contact and organizing ministry for a national IPR campaign. When I served in the US Embassy, I had lunch with Bo once, during an Ambassador’s IPR Roundtable, where he showed very little interest in the issue. His speech is briefly described in a Wikileaks cable. Continue reading →