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Guidelines for Copyright Complaints with Administrative Departments (2006)

著作权行政投诉指南

Type of laws Government policy

Issuing body National Copyright Administration of China

Promulgating date Apr 30, 2006

Effective date Apr 30, 2006

Validity status Valid

Scope of application Nationwide

Topic(s) Copyright Law Intellectual Property

Editor(s) C. J. Observer

The Guidelines for Copyright Complaints with Administrative Departments were promulgated in 2006 and entered into force on 30 Apr. 2006.

There are eight articles in total, which aim to guide the copyright owner to complain with the administrative department on the infringement, so as to better protect the rights and interests of the copyright owner.

The key points are as follows:

1.China’s copyright protection system provides judicial and administrative protection to the right holders.

2.The judicial protection system refers to: when the right holder files a civil action, the judicial authority will hold the infringer for civil liability according to the law; if the infringement constitutes a crime, the judicial authority will hold the infringer for criminal responsibility after the public prosecutor or the right holder files a criminal lawsuit.

3.The administrative protection system refers to: when the infringement damages the public interest, the administrative department shall investigate the administrative responsibility of the infringer according to the law after complaint by the right holder or reported by the informer, or investigation by the administrative department ex officio.

4.The authorities accepting copyright complaints shall be copyright administrative departments at various levels.

5.The complaint shall be submitted to the copyright administrative department within two years from the date of the infringement.

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