Four China IP Regulations relating to copyright protection, information network dissemination, computer software and new varieties of plants came into force on March 1, 2013, wherein the administrative penalties can reach RMB250,000.
Art. 36, Regulations on the Implementation of the Copyright Law
The administrative penalties can be five times as much as the illegal revenues of over RMB50,000 or at least equal thereto, as compared to the original three times at a maximum, in case that the infringing acts encompass as prescribed in Art. 48 the following facts of detriment to public interest:
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without the permission from the copyright owner, reproducing, distributing, performing, projecting, broadcasting, compiling, disseminating to the public through information network his works;
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publishing a book where the exclusive right of publication belongs to another;
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without the permission from a performer, reproducing, distributing the audio recordings or video recordings of his performance, or disseminating his performance to the public through information network;
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producing or selling works where the signature of another is counterfeited, etc..
Where the illegal revenues are incalculable or below RMB50,000, the fine up to RMB250,000 can be imposed, with an increase from formerly RMB100,000.
Art. 18 & 19, Regulations on the Protection of the Right to Network Dissemination of Information
Where the fine of less than RMB100,000 may be originally imposed thereupon, the administrative penalties currently can be five times as much as the illegal revenues of over RMB50,000 or at least equal thereto, in case of the following acts:
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providing without permission any work, performance or audio-visual product to the general public through the information network;
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purposely avoiding or damaging the adopted technical measures;
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purposely producing, importing or providing any other person with any device or component that is mainly applied to avoiding or damaging the adopted technical measures or providing any technical services to help any other person to avoid or damage any adopted technical measure, etc..
Where the illegal revenues are incalculable or below RMB50,000, the fine up to RMB250,000 can be imposed, with an increase from formerly RMB100,000.
Art. 24(2), Regulations on the Protection of Computer Software
Where anyone wholly or partially reproduces the software of the copyright owner, or distributes, rents or communicates the software of the copyright owner via information network to the public, etc; a fine of RMB100 per item or a fine of not more than five times of the value of the goods may be imposed. In case of an act specified in following circumstances, the administrative penalties in the amount up to RMB200,000 can be imposed thereupon, with an increase from formerly RMB50,000.
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evading or damaging intentionally the technical measures taken by the copyright owner to protect his Software copyright;
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deleting or amending intentionally the electronic information of administration of the Software rights;
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assigning or licensing others to exercise the Software copyright of the copyright owner, etc..
Art. 39 & 40, Regulations on the Protection of New Varieties of Plants
Where any variety counterfeits as a protected variety or infringes a protected variety, the authorities shall order the party concerned to stop the counterfeiting/infringing act, confiscate the unlawful earnings and the propagating material of the variety, and impose a fine at least one time but not exceeding five times of the unlawful earnings. Where the earnings are incalculable or below RMB50,000, the fine up to RMB250,000 can be imposed thereupon. In the circumstances that are so serious as to constitute a crime, the party concerned shall assume criminal liabilities.
(Source: Shanghai Patent & Trademark Law Office LLC)
