China Online Legitimate Music Copyright Promotion Alliance Established

China Daily and Chinese news services, including Legal Daily, reported that an Online Legitimate Music Promotion Alliance 中国网络正版音乐促进联盟 has been established on January 29, 2015 in Beijing.  The alliance brings together 30 companies and organizations including international music companies such as Sony and Warner, domestic music websites such as Kugou, Kuwo and 1ting and industry associations such like the Music Copyright Society of China and the International Federation of the Phonographic Industry, as well as songwriters such as Li Haiying 李海鹰.

Tencent which has a licensing arrangement with Warner Music, noted at the ceremony that the sustainable development of the music industry depends on copyright protection.   Tencent urged legal steps, such as model cases to create deterrence, active administrative supervision, increasing damages for infringement, and increasing penalties. Other speakers noted the importance of advertisers working together to curtail placing advertisements on pirated sites, as well as enforcement actions.   Beijing Copyright Bureau’s Wang Yefei 王野霏, a veteran of many copyright enforcement battles, was quoted by the Legal Daily as saying that it was important that “bad money not drive out good money” in copyright, and that the “trying time of walking a fine line in copyright has gone.” (网络音乐领域的版权乱象决不可能容忍它长期存在,一定不会让劣币驱逐良币,试图打擦边球的时代已经一去不复返了).

The Legal Daily article noted that according to the 2014 China Music Development Report (2014年中国音乐产业发展报告) there were 453 million internet music users in China in 2013.  However, according to IFIPI data, total revenue from music in 2013 was about 500 million RMB, (82,600,000 USD), which is only a “several Chinese dimes” per user.

At the January 29 launch event, China’s National Copyright Administration’s Zhao Jie 赵杰 announced that online music and literary works are key areas for enforcement in 2015.  These enforcement efforts build upon China’s existing “Sword Network” campaigns and other administrative actions to deal with on-line piracy.

This alliance also appears to be an important step in bringing together foreign and domestic rightsholders in IP.

SIPO’S 2012 National IP Development Situation Report

SIPO released a 71-page report on the 2012 National IP Development Situation (2012年全国知识产权发展状况报告) on June 5, 2013, the fifth anniversary of SIPO’s adoption of the National IP Strategy Outline.   Although this is the first report of this nature, it is contemplated that the report will be updated annually.  Continue reading

Who Is Commenting on the Copyright Law Revisions?

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.

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China Transitions: Where People Went in 2011, And Where They Are Headed

Looking back on 2011 and into 2012, it has been a year with considerable transition for individuals following IP issues in China.

There were some important lateral changes in the private sector.   With the Hogan Lovells merger, Doug Clark went to Hong Kong, and Horace Lam left Hogan Lovells for Jones Day in China.  Former Supreme People’s Court IPR Chief Judge, Jiang Zhipei, left the Fangda Partners for King and Wood.  Meanwhile, King and Wood, which already had a large China IP practice, merged with the Australian law firm, Mallesons, which has a Chinese IP practice.  Amongst the more recent retirees from the Chinese government, Xu Chao, of the National Copyright Administration, and Yin Xintian, of the State Intellectual Property Office, both left the government for the Wanhuida law firm.  An Qinghu, the former Director General in charge of the Chinese Trademark Office, also left his parent agency, the State Administration for Industry and Commerce, to work for the Chinese Trademark Association. Continue reading