June 15, 2009

China Revises the Rules on Administrative Penalties for Copyright Infringement

The National Copyright Administration has amended the Implementing Measures on Copyright Administrative Penalties previously promulgated in 2003.  The newly amended measures (the "Amended Measures") are effective June 15, 2009. The Amended Measures increase the number of prohibited activities subject to administrative penalties by regulating copyright infringement in online communications.  In addition, the Amended Measures introduce new types of administrative penalties such as warnings and confiscation of equipment that uses or contains infringing products.  The Amended Measures also provide that illegal acts committed through the Internet shall be investigated and supervised by the competent copyright administration where the infringer's domicile is located, where the equipment used to carry out the infringement (e.g. servers) is located, or where the place of filing and/or registration of the Web site that conducts the infringement is located.  If two or more local administrations have jurisdiction over the same illegal act, the administration that files the case first will be responsible to handle such illegal act.

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