SIPO has just made its proposed draft of revisions to the patent law (fourth amendment?) available on line. With these sets of amendments, China is now in various stages of revising all major IP statutes: the Copyright Law is with NCA in its second draft, the Trademark Law is with the State Council Legislative Affairs Office (SCLAO), and the Antiunfair Competition Law is also in some stage of review by either SAIC or the SCLAO. Continue reading
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.
April 26 is International IP day, and in anticipation of the day, Chinese state agencies are announcing plans for intellectual property, releasing statistics, and holding conferences. The activities during this month are key to analyzing the past year’s performance, and to understand those areas where China will be placing a special emphasis for this year. Continue reading
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.