On August 17, 2020, China’s National People’s Congress released the Amendments to the Copyright Law (Second Deliberation Draft) (中华人民共和国著作权法修正案（草案二次审议稿)) for comment. The deadline for comments is September 30, 2020.
Category: New Law, Rule or Implementing Regulation
China’s National People’s Congress to Start Second Deliberation on Amended Copyright Law
In follow up to the public comment period on the draft amendment to the Copyright law,the draft amendment was submitted to the Standing Committee of the National People’s Congress for the second deliberation on August 8, 2020. Per Xinhau, ” the second deliberation of the draft improved the definition and type of works, deleted the provisions regarding affecting the normal dissemination of works, and added relevant regulations to protect the copyright of audiovisual works.”
China’s Supreme People’s Court Releases Draft Opinions on Increasing Sanctions for Intellectual Property Infringement
The Supreme People’s Court of the People’s Republic of China released the “Opinions on Increasing Sanctions for Intellectual Property Infringement (Draft for Comment)” “关于加大知识产权侵权行为制裁力度的意见（征求意见稿）” in mid-June for comment. The draft opinions confirm the primacy of permanent injunctions and potentially increases the amount of monetary damages typically awarded. The opinions also cover strengthening evidence preservation and increasing criminal enforcement of the intellectual property laws.
China’s Supreme People’s Court Releases Draft Provisions of Evidence in Intellectual Property Litigation
In mid-June, the Supreme People’s Court released a draft of Certain Rules of Evidence in Intellectual Property Litigation (关于知识产权民事诉讼证据的若干规定（征求意见稿)) for comment. The draft contains 53 articles covering evidence production by the litigants; investigation, collection and preservation of evidence; exchange of evidence and cross examination; and verification and affirmation of evidence.