Council for Trade-Related Aspects of Intellectual Property Rights - Notification of laws and regulations under article 63.2 of the TRIPS Agreement - China : Copyright Law of the People's Republic of China

NOTIFICATION OF LAWS AND REGULATIONS
UNDER ARTICLE 63.2 OF THE TRIPS AGREEMENT

China: Copyright Law of the People's Republic of China

Notifying Member

China

 

Details of the notified legal text

 

Title

Copyright Law of the People's Republic of China

Subject matter

Copyright and related rights

Nature of notification

[X]     Main dedicated intellectual property law or regulation_

[  ]     Other law or regulation_

Link to legal text[*]

https://ip-documents.info/2024/IP/CHN/24_04076_00_e.pdf

https://ip-documents.info/2024/IP/CHN/24_04076_00_x.pdf

Notification status

[  ]     First notification

[  ]     Amendment or revision to notified legal text

[X]_     Replacement or consolidation of notified legal text(s)

Previous notification(s) referred to

IP/N/1/CHN/C/1

Brief description of the notified legal text

 

The main revisions to the Copyright Law of the People's Republic of China are as follows:

 

1.    Enhancement of copyright-related provisions. This includes refining the scope and categorization of works, fortifying the system of copyright collective management, augmenting regulations governing the rights of broadcasting organizations, introducing systems for the registration of works and job performance alongside regulations for technical measures and rights management information, elucidating the ownership system of copyrights pertaining to audiovisual works, etc.

 

2.    Escalation of infringement penalties. This includes new provisions for punitive damages, elevating the maximum threshold for statutory compensation, establishing a minimum benchmark for statutory compensation, and improving the system of pre-litigation injunctions.

 

3.    Closer alignment with ancillary laws and fulfilling the obligations emanating from international treaties to which China has recently become a signatory. This includes specifying the entities eligible for rental rights, prolonging the duration of protection for photographic works, refining the stipulations for fair use, and enhancing the entitlements of performers and sound producers to remuneration for the rental, broadcast, and mechanical reproduction of their performances.

 

Language(s) of notified legal text

English, Chinese

Entry into force

1 June 2021

Other date

 

 

Notification details

 

Submission date of notification

27 June 2024

Other information

The text of the Law notified is in Chinese and English languages. Please note that the English translations shall not be regarded as official and are only for reference by WTO members.

 

Agency or authority responsible

Ministry of Commerce, P.R. China

No.2 Dong Chang'an Avenue

Beijing

China

 

Telephone:       +8601065197362

 

 



[*] Links are provided to texts of laws and regulations notified under the TRIPS Agreement in the form supplied by the Member concerned; the WTO Secretariat does not endorse or revise their content.