Administrative departments will have rights to seize infringing goods

On March 31, the National Copyright Administration announced to publicly solicit for opinions on Copyright Law of the People’s Republic of China (proposed draft). The concise introduction of the draft explains that the proposed draft newly regulates enforcement means of copyright administrative management departments, especially the rights to seal up and seize illegal goods.

According to the introduction, China’s copyright protection system is double-track system, i.e. administrative protection and judicial protection. However, the current Copyright Law defines no specific administrative enforcement ways, which adversely affect the effectiveness and deterrent of copyright administrative protection with the increase of online infringement and piracy.

To effectively fight against infringement and piracy actions and better China’s copyright administrative protection system, the proposed draft use other IP laws (Article 55 in Trademark Law and Article 64 in Patent Law) as a source of reference and newly regulates enforcement ways for copyright administrative management sectors, particularly the rights to seal up and seize illegal goods. [Chinese version is available on chinanews.com]