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ARTICLE · 25 AUGUST 2020

Draft Opinion By SPC On Copyright Protection

HFG Law & Intellectual Property
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On August 5th, 2020, the Supreme People's Court ("SPC") released for public comments a draft of the Opinion regarding Enhancing Protection on Copyright and its Related Rights.

ChinaIntellectual Property
Fredrick Xie
Fredrick Xie

On August 5th, 2020, the Supreme People's Court ("SPC") released for public comments a draft of the Opinion regarding Enhancing Protection on Copyright and its Related Rights ("the Draft", http://www.court.gov.cn/zixun-xiangqing-246041.html).

Though such opinion is not legally binding provision, it would be of great value for IP practitioners to predict the legislative and judicial direction in the future. A few comments shall be noted.

Shorten the trial period

Article 2 provided the courts shall vigorously shorten the trial period for copyright and its related rights. Specifically, SPC mentioned that the courts shall improve the evidence rule on IPR litigations, supporting the litigants to preserve and submit evidence through blockchain and timestamp.

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