Following promulgation by the State Council of the new Implementing Regulations on Copyright Law, the Supreme People's Court also promulgated a new Judicial Interpretation on Several Issues relating to the Application of Law in Adjudicating Civil Copyright Dispute Cases. The new Judicial Interpretation, which came into force on October 15 2002, clarifies certain issues on copyright disputes.
Pursuant to the new Judicial Interpretation, copyright disputes shall be adjudicated generally by Intermediate People's Courts or above. Copyright owners may institute legal proceedings at the court having jurisdiction over the place where the infringing acts took place or where the infringing articles are stored or seized, or the place of residence of the defendant. For an action consisting of co-defendants involving different places of infringement, the plaintiff may commence the action at any such places.
The infringing articles as purchased and invoices relating thereto may constitute admissible evidence. Furthermore, materials collected by notarial officers in the aforesaid manner will be admitted as evidence even though their identity has not been disclosed to the infringer.
It is confirmed that damages awarded to the successful plaintiff include the reasonable fees incurred in investigations and collection of evidence, as well as the prescribed lawyers' fees. Such fees generally are low.
The limitation period for instituting an action for copyright infringement is two years from the date it ought to be discovered. As infringing acts are continuous acts, even if the initial act took place more than two years ago, the court can still order cessation of these acts if they are still continuing, but damages will only be assessed for two years counting back from the date of commencement of the proceedings.
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| Howard Tsang |
