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.



Trademark Law Implementing Regulations Open for Public Comment by SCLAO

Since the Trademark Law was passed last year, the State Administration for Industry and Commerce had solicited comments from trademark agents, experts and other third parties in August and September 2013, and more recently from the full range of affected Chinese government agencies and local governments.  

SAIC has now delivered a draft of the revised Trademark Law Implementing Regulations to the State Council Legislative Affairs Office, which has made a  draft and comments on the draft  available on line in Chinese.   According to the proposed calendar, the final Implementing Regulations will go into effect the same date as the revised Trademark Law (May 1, 2014).   

There is much in the draft that merits further study, including provisions dealing with sound marks, trademark examination, regulation of trademark agents, and third party liability for trademark infringement.   Comments are due by February 10, 2014.

Design Patent Protection Becomes Available for GUI’s

After several years of discussion, China has decided to provide design patent protection for graphical user interfaces.  Proposed revisions to the patent examination guidelines of SIPO have been placed on the State Council website for public comments, which are due November 22.   SIPO and the State Council Legislative Affairs Office have simultaneously released this draft, which includes an explanation of the reasons for the changes and a redlined copy of the proposed changes to the examination guidelines. Continue reading