How can I stop China from copying my products? ), the copyright recordal is accepted by the enforcement authority as evidence of copyright ownership. If you spent $2 on a game falsely advertised, you could sue for damages of $2. An example of data being processed may be a unique identifier stored in a cookie. And it is worth remembering that most developed countries have at some point taken advantage of lax IP protections. Of course, this doesn't excuse the practice of copyright infringement, but it does help to explain it. It basically requires an audit into the company, which common law jurisdictions achieve by means of discovery. Find out more about Lexology or get in touch by visiting our About page. TikTok has a team of dedicated content moderators who review videos for copyright infringement. And in order to do that, you need to have damages. If the illegal business volume is more than 50,000 yuan, a fine of more than one time but less than five times the illegal business volume may be imposed. Asia, Southeast Credit: YouTube. Many brands have been successful in partnering with Chinese firms, and this can be a way to protect your IP while also tapping into the vast Chinese market. Being in China allows them to operate under a different set of rules and regulations than the rest of the world. This won't legally stop copying, but it can damper its negative effects. Then the CAA will accept a case. Twitch and YouTube abuse: How to stop online harassment. Your email address will not be published. The punitive decision is published on the CAAs official website. At home, the Chinese Communist Party, worried that . So persons using it do not have to feel uncomfortable about it. This is a question that is asked a lot, and it's not an easy one to answer. While the copyright laws of China and the U.S. conform to the abovementioned provisions, the enforcement of the copyright laws in these countries differ in two aspects, namely, the use of administrative protection (Section 2) and the strictness of the enforcement of the copyright laws (Section 3). Which elements of work are done by which entity depends entirely on the country in which work is carried out, in compliance with relevant legal and regulatory provisions. This psychological thought process is reinforced by the Chinese media and education system, which often promote the idea that it is better to be part of a team than to go it alone. So while it may be true that China is not the most original country in the world, they are still a force to be reckoned with when it comes to innovation. Other countries such as America have had a long history of capitalism and venture fund investing while in China it's a relatively new concept. So what's the truth? If you would like to learn how Lexology can drive your content marketing strategy forward, please email [emailprotected]. In China, there is a culture of 'collectivism' rather than 'individualism,' which may lead to a belief that it's acceptable to copy others' work. This has led to a great deal of frustration for Western business owners, who find it difficult to protect their intellectual property (IP) in China. Washington believes that China's newfound tech. Copyright infringement is becoming more technical, such as cases of applied artworks, anti-circumvention and rights management information cases, communication to the public digital infringement. In regard to the practice of not deterring copyright infringements, it should be noted that Chinese people regard litigation as bad conduct. However, it is important to note that not all copying is bad. Not only is it a time saver for the CAAs, but it can be relied on when enforcing copyright through cease-and-desist letters or complaints to third-party e-commerce or social media platforms. In fact, protecting IP from the Chinese is becoming a cottage industry. But Chinese companies are not the only ones that copy each other. Second, Chinese companies often lack the research and development resources that their Western counterparts have. Regulations. Companies filing for IP globally may or may not have China protections. The illegal value of the seized goods reached the criminal threshold and the AMR transferred the case to the local police for criminal investigation in February 2021. Yes, secondary liability exists for indirect copyright infringement according to the provisions of the Civil Code (articles 1169 and 1197). What actions incur such liability? So, while copying may be more common in China than in other parts of the world, it is not necessarily a bad thing. Like how are they able to get away with this The agencies require high burdens of proof, are sometimes favorably acquainted with the companies they are investigating Ill dive into political influence in the court system below and, since they are not subject-matter experts, often do not know what they are looking for. Therefore, Chinas copyright administrative enforcement authority plays a very important role in cracking down on copyright infringers as the administrative route is cheaper and faster to take. Its role is to protect the exclusive rights of copyright holders as well as the public interest. Julia Brucculieri Sep 4, 2018, 05:45 AM EDT Fashion Nova Instagram Right after Kylie Jenner (right) shared photos from her 21st birthday celebration, Fashion Nova launched a collection of copycat garments, including the dress on the left. And in fairness to detractors, critics of the U.S. argue that countrys unbridled discovery system often disadvantages smaller companies relative to large corporations, who bury their opponents in discovery. The Guangzhou and Shenzhen CAA had to decide on Article (6) of Article 48 of the Copyright Law regarding intentional avoidance or destruction of technical measures without the consent of the copyright holder. Dropshipping Copyright 101: Everything You Need to Know The next generation search tool for finding the right lawyer for you. The China-U.S. battle over IP is just getting started. Jenner's was by Peter Dundas. The new PRC Copyright Law will come into effect on June 2021. WiTricitys biggest application is a technology that can charge electric cars wirelessly. Brooktrout Technology got a court order for Eicon to stop. Get briefed on the story of the week, and developing stories to watch across the Asia-Pacific. Understanding these cultural differences is the key reason why China is often referred to as a "copycat economy." It garners nearly 9 billion hits per month. Absent some dramatic change in world legal systems, which is highly unlikely, the trade war isnt a negative to our business modelwhich is getting U.S. companies to protect their IP in China, Giler says. According to the China Intellectual Property Protection Status, the Jianwang Campaign has led to 1.1 million piracy links removed, 10.75 million piracy replications were confiscated, 1,405 piracy websites were shut down, 450 internet copyright infringement and piracy cases were handled, 160 copyright infringement cases worth of RMB524 million were (US$80.6 million) transferred to the criminal authorities or investigated. As Anna Han, an expert in Chinese law stated, The greatest compliment that a Chinese artist can receive is having someone copy their work. In this context, Anna Han noticed that many foreign copyrighted works were reprinted and sold for profit. One option is to try and work with Chinese companies. Chinas problems in relation to the copyright enforcement are caused by three categories of factors, namely, (1) cultural factors, (2) social factors, and (3) legal factors. A key concern in China is deterrents. Copyright Cases in 2021: A Year In Review | Copyright Alliance Copyright Law of the People's Republic of China (2020 Amendment) However this misses 2 important points. Surely, they must know that it's not only unethical but also illegal. Before Tencent filed the complaint, it had sent 3 cease-and-desist letters to request Qvod stop the infringement. In China, protecting IP is an agency business as opposed to a law firm as it is here in the U.S. What Every Designer Needs to Know About Copyright Law The limitation for civil litigation is three years, which begins when the entitled person knows or should know that his rights have been infringed. Copyright holders can file applications for copyright recordals in the national customs database and provide training in different ports to get on-site inspecting officials familiar with copyrighted works to enhance the chance of intercepting reproduced or pirated goods. Opinions expressed by Forbes Contributors are their own. China handles a vast number of copyright administrative cases. China has spent 35 years quietly building a patent system that BRI is now helping to extend. This is one of the main reasons why so many Chinese companies can get away with copying products and ideas from other companies. At least, not always. No thanks, wed rather pay cybercriminals, Customer data protection: A comprehensive cybersecurity guide for companies, Online certification opportunities: 4 vendors who offer online certification exams [updated 2021]. American companies have long accused Chinese firms of "stealing" their intellectual property, while China has defended its actions as a legitimate imitation. But to shield the defendant, the local police continuously cut the American company out of communications and conducted feverish back-channel negotiations with the court. Is copyright law in China any different from in the United States? A Seller's "original" work that obtained copyright protection in China is protected for the life of the author (the Seller) plus an additional 70 years after death. In some cases, the cessation of infringement will be sufficient. This means that Chinese companies can get away with copying products and ideas more easily. While this may be a minority of cases, protecting IP is becoming more imperative for both sides. The severity of the infringement obligated local police to investigate. . Data privacy laws and WeChats user interface both shield users from prying companies, which are unable to see what is posted on an individuals timeline. The NET Act is a federal law passed in 1997 providing for criminal prosecution of individuals engaged in copyright infringement under certain circumstances, even when the infringer acted without the intent of gaining monetary profit. Should the University of California prevail in court, allowing future plaintiffs to sue a seller for patent infringement, then it changes the landscape for IP protection.