China IPR

State Council Legislative Affairs Office Releases NCA Draft of Copyright Law for Public Comment

On June 6, 2014 the State Council Legislative Affairs Office (SCLAO) released the entire draft and explanation of the copyright law revision that had previously been submitted by the National Copyright Administration (NCA) to the SCLAO for public comment.

This draft is likely the version that had been submitted to the SCLAO in late 2012, although no public comment period was offered for this revision at that time.

After State Council review, it will need to be submitted to the Standing Committee of the National People’s Congress for its consideration.

The immediately prior draft had received over 1800 comments when NCA made it available for public comment.

Overall, this is likely a welcome effort to move along what some had perceived as a stalled drafting effort.

Comments on this draft were due at the State Council by July 5, 2014.  This is the link for the draft and explanation of the draft.

Updates of October 1, 2019:

The NPC Observer has listed this draft as in the preparatory stages for 2019.  No public draft is available beyond the 2014 State Council draft.  An English translation of the State Council draft is found here.  Since the 2014 draft, there has been a governmental reorganization which has transferred legislative drafting authority to the Ministry of Justice and the NCA to the Party publicity department.  In 2017, a five-year plan was announced by NCA for the copyright industries, which included revising the copyright law.

 

 

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