The following are some English language reference materials for those who are closely following Chinese copyright developments, which can also be useful for those attending Fordham’s conference on July 25.
I have previously posted the American Bar Association’s comments on the first draft of the Chinese copyright law revisions. In addition Rogier Creemers at Oxford has translated the explanation on the second draft of the copyright law. My blog discusses the most recent draft and the prior draft. Comments on the second draft are due by the end of the month (Beijing time).
The draft of the new judicial interpretation on Internet copyright infringement, prepared by Baker & McKenzie and ZY Partners is found here.
There are many secondary sources on Chinese copyright law developments. A general overview (“roadmap”) is found on the EU IPR2 website. Rogier Creemers’ blog is another important and timely English language source. Materials from his recent conference on Chinese media regulation are also found there, which can help in making useful comparisons to China’s copyright environment.
There have also been some new developments in academia and academic literature. Seagull Song, who is currently teaching at Loyola Law School, has a new book, New Challenges of Chinese Copyright Law in the Digital Age (The Commercial Press 2011). The book is a “comparative analysis of ISP liability, fair use and sports telecasts” and undoubtedly draws on her extensive experience in sports broadcasting and related copyright fields. Another book edited by Rohan Kariyawasam is Chinese Intellectual Property and Technology Laws (Edward Elgar 2011).
Also, the second revision draft is now available in English translation on http://chinacopyrightandmedia.wordpress.com/2012/07/07/copyright-law-of-the-peoples-republic-of-china-second-revision-draft/
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