Piracy Problems in China

Government Agencies and Departments

The major government agencies and departments that deal with IP protection in China are: (1) China National Intellectual Property Rights Information Net, (2) China Intellectual Property Training Center, (3) National Copyright Administration of China, (4) State Copyright Bureau, (5) State Intellectual Property Office of the People's Republic of China (SIPO), and (6) State Administration for Industry and Commerce, Trademark Office.

Since 1992, a special adjudication division for the trial of IP cases, IP Division, has been set up in the areas where IP cases are concentrated: (1) the High People's Courts in Beijing, Shanghai, Tianjin, Guangdong, Fujian, Hainan, etc.; (2) the Intermediate People's Courts in Beijing, Shanghai, Tianjin, Qingdao, and several Special Economic Zones; and (3) the grassroots courts in Haidian District of Beijing, Pudong District of Shanghai, etc. As to courts without these divisions, special trial groups have been set up within the civil or economic adjudication division. Usually there are three full-time judges to deal with IP cases.

The National Copyright Administration Office and the copyright department under the local peoples governments are responsible for copyright administration and enforcement of the Copyright Law. These administrative authorities can impose sanctions in the forms of public warning, injunction in relation to the production and distribution of infringing copies, confiscation of unlawful gains, seizure of infringing copies and equipment used for making infringing copies, and fines. The IP administrative authorities in China are known for efficiency, simple procedure and promptness to put a case on file for investigation. Some IP cases redressed by the administrative authorities have influenced both inside and outside China (Zhang, 1998).