China issued a guide on complaints against copyright
administration and infringement cases on Friday in a move to better
protect intellectual property right.
"The purpose of this guide is to strengthen copyright
protection," said Xu Chao, deputy director-general of China's
National Copyright Administration. "This is part of China's
campaign to protect intellectual property right."
When a copyright owner discovers infringement, they may file a
complaint with the copyright administrative department where the
infringement is committed or where the consequence of the
infringement arises, the guide says.
The copyright administrative department accepting the complaint
can take a variety of legal actions. It can order a cease of the
infringement, confiscate unlawful gains and the materials and
equipment used to produce illegal copies, and impose fines.
A complainant can be anyone who enjoys copyright or a right
related to copyright in accordance with the Copyright Law of the
People's Republic of China, or a user who enjoys an exclusive right
of exploitation according to law, or an interested party.
Xu said there are two circumstances under which complaints will
be received from foreigners. If a foreigner's country has signed
the same international copyright treaties as China has, or if a
foreigner from a non-treaty country has his works published in a
country that signed the treaty, his copyright will be protected in
China.
China will not protect a foreigner's copyright beyond the
above-mentioned conditions, he said.
A complaint should be filed to the copyright administrative
department within two years from the date when the infringement is
committed, according to the guide.
(Xinhua News Agency April 29, 2006)