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Copyright Law of China (2020)


Type of laws Law

Issuing body Standing Committee of the National People's Congress

Promulgating date Nov 11, 2020

Effective date Jun 01, 2021

Validity status Valid

Scope of application Nationwide

Topic(s) Copyright Law Intellectual Property

Editor(s) C. J. Observer

The Copyright Law was promulgated in 1990 and amended in 2001, 2010 and 2020 respectively. The latest revision entered into force on June 1, 2021.

There are 67 articles in total.

In the 2020 amendment to the Copyright Law of China, relevant provisions are added to increase the severity of sanctions against copyright infringement, which are set as below:

(1) In order to protect copyrights and copyright-related rights, the right holder may take technical measures, and no one may avoid such technical measures. (Article 49, 50)

(2) The regulators can impose fines on infringers, the amount of fines is one to five times the revenue generated by the infringement. (Article 53)

(3) The cap amount of damages for copyright infringement is increased. If it is difficult to determine the actual losses of the right holder, the court can determine the amount of damages payable by the infringer based on a reasonable multiple of the license fees, i.e. 1- 5 times, which was 1-3 times before; if the license fees are also difficult to determine, the damages can be determined at the discretion of the court within the upper limit of CNY 5 million. (Article 54)

This English translation comes from the PRC National People’s Congress Official Website. In the near future, a more accurate English version translated by us will be available on China Laws Portal.