On 16 Nov. 2020, China’s Supreme People's Court (SPC) promulgated the Opinions on Strengthening the Protection of Copyright and Copyright-Related Rights (关于加强著作权和与著作权有关的权利保护的意见), further clarifying how Chinese courts will protect copyright in litigation.
The highlights of the Opinions are as follows:
1. The court allows the parties to preserve, fix and submit evidence by blockchain and other means.
2. The natural person, legal entity or other organization whose name is affixed to a work, performance or sound recording in a common way, shall be presumed to be the copyright owner thereof or have copyright-related rights in such work, performance or sound recording, unless there is sufficient evidence to the contrary to invalidate the fact.
3. In the proceedings, if the defendant claims that he/she is not liable for infringement, he/she shall provide evidence to prove that the right holder has granted permission or that the work can be used without the right holder's permission as stipulated in the Copyright Law.
4. The court will study how to determine the copyright of achievements related to the Internet, artificial intelligence, big data and other technologies.
5. The court will explore how to hear new types of cases concerning live streaming of sports events, live streaming of online games, and data infringement, etc.
6. If the parties request the immediate destruction of the infringing reproductions and the related manufacturing tools, the court shall support the request in the civil proceedings, and shall order the destruction ex officio in the criminal proceedings. In criminal proceedings, for the reason of preserving evidence for subsequent civil or administrative proceedings that may be initiated, the court may support the right holder's request to suspend the destruction of the infringing reproductions as well as related materials and tools.
7. The court may rule that the infringer indemnifies the reasonable expenses incurred in safeguarding copyright, including court costs and attorney's fees.
Contributors: CJO Staff Contributors Team