NCAC has published a public comment draft of revised Copyight Administrative Punishment Implementing Measures “著作权行政处罚实施办法（修订征求意见稿）”, with comments due Sept 30, 2015. The new draft addresses certain important emerging issues for administrative enforcement, including: punishment of network service providers, harmonizing administrative enforcement with recent judicial interpretations and enforcement guidance, including lowering thresholds for what constitutes a “serious circumstance” and providing for seizures of servers used for providing infringing network service, and clarifying time lines and procedures for enforcement. I speculate that the timing of this draft may also be linked to NCA’s needs to ramp up enforcement of copyright protection in light of delays in the copyright law revisions. As with the patent law amendments, NCA may wish to be making the case that it needs improved enforcement in the copyright law, by first taking the steps within its control to improve administrative enforcement.
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
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.