China Releases Draft Amended Copyright Law With Punitive Damages and Digital Rights Management Articles

Posted on Categories Copyright, New Law, Rule or Implementing Regulation

The National People’s Congress of the People’s Republic of China has recently released Copyright Law of the People’s Republic of China (Draft Amendment) for comment.  Of particular is the availability of punitive damages of up to five times actual damages, an exponential increase in the maximum statutory damages from 500,000 RMB to 5,000,000 RMB (about $708,000 USD), and switching the burden of proof for proving damages.

3 Chinese Online Markets Listed in 2019 Notorious Markets List

Posted on Categories Copyright, Trademarks

The United States Trade Representative (USTR) released their annual Review of Notorious Markets for Counterfeiting and Piracy for 2019 on April 29, 2020 and included three mainland Chinese online markets in the online market section of the list.  Markets on the list are reported to engage in or facilitate substantial trademark counterfeiting and copyright piracy.  There is no penalty for being listed but the list has been used to encourage foreign companies and countries to crack down on piracy and …

Beijing Treaty on Audiovisual Performances Comes into Force in China Today, April 28, 2020

Posted on Categories Copyright, New Law, Rule or Implementing Regulation

The first international intellectual property treaty concluded in China and named after one of China’s cities since the founding of the People’s Republic of China, the “Beijing Treaty on Audiovisual Performances” (“Beijing Treaty”) came into effect today, April 28, 2020.  Per the World Intellectual Property Organization (WIPO), “the Treaty is designed to help audiovisual performers – television and film actors, musicians, dancers, and others – many of whom live from job to job in precarious economic circumstances. The Treaty expands …

China’s Supreme People’s Procuratorate Issues Top Example Cases of Criminal Intellectual Property Rights Infringement in 2019

Posted on Categories Case, Copyright, Trademarks

On April 25, 2020, China’s Supreme People’s Procuratorate issued a list of the top example cases in 2019 of criminal IP rights infringement.  The cases cover trademark, copyright and trade secret theft.  Verdicts included both imprisonment and fines.  While the punishments were severe for trademark and copyright cases, only 2 of the 18 cases are for trade secret theft and defendants received minimal or no jail time, perhaps indicating room for improvement on trade secret protection in China.