A User-Unfriendly Draft: 3rd Revision of the Chinese Copyright Law

Posted: 21 Apr 2012

See all articles by Hong Xue

Hong Xue

BNU Institute for Internet Policy and Law

Date Written: April 17, 2012

Abstract

Chinese Copyright Law, against the background of Chinese national strategy of indigenous intellectual property and arising economic power, will be revised for the 3rd time. After 2 years’ preparation, a Draft of 3rd Revision was officially released by the National Copyright Administration of China (NCAC) for public consultation on March 31, 2012. The Draft fails to review several misconceptions, such as “the more the better” (more copyright protection and enforcement, the better economic growth and social development), “one size fits all” and “modeling on U.S. law” (on draconic enforcement rather than general and robust limitations and exceptions). It is unfortunately that China, the largest country by both population and Internet users, despite its fast-growing economy, seems keeping on the old track and missing the opportunities to revamp its Copyright Law in the new century. The Draft that is under public consultation could be modified or improved. This is actually the first step in the long process of legal revision. After public consultation, the improved draft will submitted to the Standing Committee of the National People’s Congress, the highest legislature, for examination and approved. It will take quite a few years. The 3rd Revision of China’s Trademark Law has been going on for more than 5 years but is still under construction. The Copyright Law revision is unlikely to take less time than that. The author is currently campaigning for a general exception clause plus non-exhaustive illustrative list as well as the other new exceptions, such as format shifting, that are important for network environment.

Keywords: China, Copyright Law, 3rd Revision, Fair Use, Enforcement

JEL Classification: K39

Suggested Citation

Xue, Hong, A User-Unfriendly Draft: 3rd Revision of the Chinese Copyright Law (April 17, 2012). Available at SSRN: https://ssrn.com/abstract=2041736

Hong Xue (Contact Author)

BNU Institute for Internet Policy and Law ( email )

19 Xinjiekou Outer St
Haidian District
Beijing, Guangdong 100875
China

HOME PAGE: http://www.iipl.org.cn

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