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ARTICLE · 25 JULY 2014

Draft Of The Amendment To The Copyright Law

The Office of Legislative Affairs of the State Council of the People’s Republic of China has recently released a draft amendment to the current Copyright Law.

ChinaIntellectual Property

In order to keep modernizing its IP laws, the Office of Legislative Affairs of the State Council of the People's Republic of China has recently released a draft amendment to the current Copyright Law. This follows the enactment of the new Patent Law at the end of 2009 and the entry into force of the new Trademark Law on May 1, 2014.

The Draft of the renewed Copyright Law proposes amendments to the subject matter of copyright, to the criteria of ownership of rights, to the protection period of rights and to the implementation and enforcement of copyright. Being these changes likely to affect foreign IP holders in China, they are here briefly discussed.

  1. Subject Matter

The Draft proposes to widen the subject matter of copyright. It does so, first, by renaming "the cinematographic works and works created by a process analogous to cinematography" as "audiovisual works", a far wider and more comprehensive term; adding "works of applied art", to which

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