The National Copyright Administration released its draft of revisions to the Copyright Law on March 31, 2012, with comments due by April 30, 2012. Thus far, approximately two thousand comments have been received. The draft is not yet calendared for formal consideration by the State Council Legislative Affairs Office (SCLAO) for this year, or by the National People’s Congress. In addition, further consideration may be delayed because there are other IP laws, such as the Trademark Law and Anti-unfair Competition Law that are still pending with the SCLAO. However, Vice Commissioner Yan Xiaohong of NCA noted at the recent Federal Circuit Bar Association conference in Beijing that he expected submission to the State Council by the end of the year.
Chinese government agencies do not usually release comments to third parties. Attached are the comments of the American Bar Association, which were prepared by a notable group of China lawyers, copyright lawyers and media experts. If other organizations have also submitted comments that they would like to share, please contact us, and we will do our best to post and share here. Also contact us about our forthcoming program July 25 (rescheduled from June) at Fordham in New York where we will be discussing the copyright law amendments, the draft judicial interpretation on internet copyright infringement, and other developments in China’s fast paced copyright environment.