PROFESSIONAL INFORMATION

In the past 26 years after the implementation of Copyright Law, it achieved a lot on 6 aspecets, people’s copyright consciousness increased dramatically

Copyright Law was passed in Sep. 1990, came into effect in June, 1991, and was modified in 2001 and 2010.  In the past 26 years, the Copyright Law build up a complete system of copyright law to go by; Established double-track protective system depend on judicial and administration,  the environment of copyright protection improved greatly. Copyright service system is taking shape, making full usage of social multi-governance; Copyright industry is emerging rapidly, relevant trade of copyright is flourishing. International Cooperation and Exchanges are further enhanced, China’s international influence is increasing and the voice of China is being heard. Publicity activities for the law popularization are carried out throughout the country, public awareness of copyright increased significantly.

The legal system of copyright has basically come into being

Since the enactment of the copyright law in September 1990 and the implementation of the following year，the crime of copyright infringement is incorporated into the criminal law of the People's Republic of China by the NPC. The State Council and relevant departments have promulgated and enact 6 administrative laws and regulations, 10 departmental rules and regulations include the “Regulations on the Implementation of Copyright Law”, “Regulation on the Collective Administration of Copyright”. The Supreme People's court and the Supreme People's Procuratorate had published 13 judicial interpretations and guidance documents. Many provinces or districts include Beijing, Shanghai, Zhejiang, Shandong, Hubei, Inner Mongolia, and Guangxi, based on copyright law 8 copyright laws, local regulations and local government regulations have been promulgated based on copyright law and local reality. They are taking the copyright law as the leading and core，The legal system of socialist copyright with Chinese characteristics, which is composed of multi levels of legal norms, has basically come into being.

 The double track system of justice and administration is the characteristic and advantage of copyright protection in China. From 2010 to 2016, the people's court accepted the IPR civil cases 521807 times, there are 393577 cases of first instance among the sum, taking proportion of 75.42%. From 2005 to 2016, copyright administrative law enforcement departments at all levels throughout the country handled 76 thousand and 300 cases of administrative penalties, 3363 cases are transferred to judicial organ, more than 470 million pirated products have been confiscated，322 cases of criminal liabilities transferred to judicial organs. Especially from 2005, the State Copyright Bureau and other relevant departments launched “Clean up Action” for 12 consecutive years，effectively purify the network copyright, protect the environment。

Copyright industry improving swiftly

Since 1994, the year China started working on copyright registration, the amount of registration increased year by year, in 2016, there is over 2 million applications already. In 1992, the first managing organization for copyright – Music Copyright society of China was set up, from then on, there are 5 managing organization set up, promote the usage of music, video, photograph, characters, and movies, etc. Furthermore, our country approves 8 foreign copyright authentication organizations to carry out work for overseas content. Rise positive effect to help China fulfill relevant international obligation, and exert influence overseas for China work’s copyright.

In the past 26 years, the copyright industry developed swiftly, especially in literature, the press, broadcasting, software, information network. It has become new growth point and pillar industry of national economy. Copyright industry take 7.3% of proportion of domestic GDP, in developed area like Beijing, Shanghai, Shenzhen, the proportion goes up to 9% to 12%, approaching and even surpass some European countries. And China is actively taking participation in the formulation and adjustment of international copyright rules, and has already signed 8 international treaties about copyright. In June, 2012, China’s government assist World Intellectual Property Organization(WIPO) to call for Diplomatic Conference on the protection of audio-visual performances, thrust and conclude “Beijing Convention on audiovisual performance”, make it the first treaty about international copyright since WIPO was set up. And it is also the first varied international treaty named with the name of China’s city. Currently, the social atmosphere of respecting knowledge, respecting labor work, respecting innovation is taking shape. Published copyright consciousness improved a lot among citizens, In the annual survey of intellectual property rights protection and social satisfaction, copyright holder’s satisfaction is climbing continuously in the past 5 years, it reached to 74.8 in 2016.

Composer: Lufang Lai  

From: Chinese Press and Publication Radio and Television Newspaper

Release time: July 12, 2017