The National Copyright Administration has amended
the Implementing Measures on Copyright Administrative Penalties previously
promulgated in 2003. The newly amended
measures (the "Amended Measures") are effective June 15, 2009. The Amended
Measures increase the number of prohibited activities subject to administrative
penalties by regulating copyright infringement in online communications. In addition, the Amended Measures introduce
new types of administrative penalties such as warnings and confiscation of
equipment that uses or contains infringing products. The Amended Measures also provide that
illegal acts committed through the Internet shall be investigated and
supervised by the competent copyright administration where the infringer's
domicile is located, where the equipment used to carry out the infringement (e.g.
servers) is located, or where the place of filing and/or registration of the Web
site that conducts the infringement is located.
If two or more local administrations have jurisdiction over the same illegal
act, the administration that files the case first will be responsible to handle
such illegal act.
Copyright ©2009 by Kaye Scholer LLP. All Rights Reserved. This publication is intended as a general guide only. It does not contain a general legal analysis or constitute an opinion of Kaye Scholer LLP or any member of the firm on the legal issues described. It is recommended that readers not rely on this general guide but that professional advice be sought in connection with individual matters.References herein to "Kaye Scholer LLP & Affiliates," "Kaye Scholer," "Kaye Scholer LLP," "the firm" and terms of similar import refer to Kaye Scholer LLP and its affiliates operating in various jurisdictions.
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