LAWS AND REGULATIONS

Article 1 (Legislative purpose) These Measures are formulated in accordance with the Administrative Penalty Law of the People's Republic of China (hereinafter referred to as the "Administrative Penalty Law"), the Copyright Law of the People's Republic of China (hereinafter referred to as the "Copyright Law") and other relevant laws and administrative regulations for the purpose of regulating the administrative penalty acts of the copyright administration department and protecting the legitimate rights and interests of citizens, legal persons and other organizations. 

Article 2 (subject of law enforcement) The National Copyright Administration and the relevant departments of the local people's governments that enjoy the power of copyright administrative enforcement (hereinafter referred to as "local copyright administrative departments") shall, within the scope of their statutory powers, impose administrative penalties on the illegal acts listed in these Measures. Where laws and regulations provide otherwise, such provisions shall prevail.

Article 3 (Illegal Acts) The term "illegal acts" as mentioned in these Measures refers to:

(1) The acts of infringement listed in Article 47 of the Copyright Law, which at the same time harm the public interest;

(2) Infringing acts listed in Article 24 of Regulations for the Protection of Computer Software, while harming the public interest;

(3) Other copyright violations that are subject to administrative punishment as provided for by laws, regulations and rules.

Article 4 (Types of penalties) For the illegal acts listed in these Measures, the copyright administration department may impose the following types of administrative penalties according to law:

(1) ordering the infringing act to cease; 

(2) confiscation of illegal gains;

(3) confiscation of infringing copies;

(4) a fine;

(5) confiscation of materials, tools, equipment, etc. mainly used for making infringing copies; 

(6) other administrative penalties prescribed by laws, regulations and rules.

Chapter II Jurisdiction and Application 

Article 5 (Territorial jurisdiction) The illegal acts listed in these Measures shall be investigated and dealt with by the copyright administrative department in the place where the infringing act is committed, the result of the infringement occurs, the place where the infringing copy is stored, or the place where it is sealed up and detained according to law. Except as otherwise provided by laws and administrative regulations. 

Article 6 (Jurisdiction by level) The National Copyright Administration may investigate and punish illegal acts that have a major impact throughout the country, as well as other illegal acts that it considers should be investigated and punished by it. Local copyright administrative departments shall be responsible for investigating and dealing with illegal acts that occur within their jurisdiction. 

Article 7 (Jurisdiction disputes and designated jurisdiction) Where two or more local copyright administration departments have jurisdiction over the same illegal act, the copyright administration department that filed the case first shall be responsible for investigating and handling the illegal act. 

In case of jurisdictional dispute or unclear jurisdiction arising from the local copyright administrative department, the dispute shall be settled by both parties through negotiation; If no agreement can be reached through consultation, it shall be reported to the joint copyright administration department at the next higher level for designated jurisdiction, and the joint copyright administration department at the next higher level may also directly designate jurisdiction.

The copyright administration department at the higher level may, when necessary, handle the cases of great influence under the jurisdiction of the copyright administration department at the lower level, or refer the cases under its own jurisdiction to the copyright administration department at the lower level for handling. If the copyright administrative department at a lower level considers that the case under its jurisdiction is serious and complicated and needs to be handled by the copyright administrative department at a higher level, it may report it to the copyright administrative department at the next higher level for handling.

Article 8 Where violations discovered and investigated by the copyright administration department are suspected of constituting a crime according to the provisions of the Criminal Law of our country, the case shall be transferred by the copyright administration department to the judicial department for handling in accordance with the Provisions of The State Council on the Transfer of Suspected Criminal Cases by Administrative Law Enforcement Organs. 

Article 9 (Limitation) The limitation of administrative punishment imposed by the copyright administration department on illegal acts shall be two years, counted from the date of occurrence of the illegal act. If the illegal act has a continuous or continuing state, it shall be counted from the date the act ends. If the infringing copy is still issued, the illegal act shall be deemed to continue.

If an illegal act is not discovered within two years, administrative penalties will no longer be imposed. Except as otherwise provided by law.

Chapter III Punishment procedures 

Article 10 (General procedure) Except for the cases where the summary procedure is applicable under the Administrative Penalty Law, the general procedure prescribed by the Administrative Penalty Law shall apply to the administrative penalty Law for copyright. 

Article 11 (Filing a case) The copyright administration department shall file a case if it applies general procedures to investigate and handle illegal acts. 

For the illegal acts listed in these Measures, the copyright administration department may decide to file and investigate on its own, or decide to file and investigate on the basis of the materials transferred by the relevant departments, or decide to file and investigate on the basis of the complaints or reports of the infringed, interested persons or other insiders. 

Article 12 (Complaint) Where the complainant applies for filing and investigating the illegal acts listed in these Measures, he shall submit an application, proof of rights, the infringing work (or product) and other evidence. 

The application shall state the name (or name) and address of the party concerned, as well as the main facts and reasons on which the application for investigation and punishment is based. 

Where the complainant entrusts an agent to apply on his behalf, the agent shall produce a power of attorney. 

Article 13 (Acceptance) The copyright administration department shall, within 15 days from the date of receipt of all complaint materials, decide whether to accept and notify the complainant. If the case is not accepted, the reasons shall be notified in writing.

Article 14 (Undertaking) when filing a case, it shall fill in the filing examination and approval form, and attach the complaint or report materials, materials assigned by the copyright administration department at a higher level or the case transferred by the relevant department, the inspection report of law enforcement personnel and other relevant materials, and the person in charge of the department shall approve the filing and designate two or more case handling personnel to investigate and handle. 

A person handling a case who has an interest in the case shall recuse himself; If there is no withdrawal, the party may apply for his withdrawal. The withdrawal of case handling personnel shall be approved by the head of the department. The withdrawal of the person in charge shall be approved by the people's government at the corresponding level. 

Article 15 (Emergency measures) In the process of law enforcement, law enforcement personnel find that illegal acts are being carried out, and the situation is urgent enough to file a case, may take the following measures: 

(1) to stop or correct illegal acts; 

(2) to register and keep infringing copies and materials, tools and equipment mainly used for illegal acts in advance according to law; 

(3) to collect and obtain other relevant evidence. 

Law enforcement personnel shall promptly report the relevant information and materials to the copyright administration department where they are located, and go through the filing procedures. 

Article 16 (collection of evidence) after filing a case, the case personnel shall promptly investigate, and require the legal responsible person to provide evidence within the time limit designated by the copyright administration department. 

When collecting evidence, case-handling personnel may adopt the following means to collect and obtain relevant evidence: 

(1) to consult and copy documents, archives, account books and other written materials related to suspected illegal acts; 

(2) sampling and obtaining evidence of suspected infringing copies; 

(3) registration and preservation of suspected infringing copies.

Article 17 (Production of law enforcement certificates) In the course of law enforcement, case handling personnel shall produce administrative law enforcement certificates issued by the National Copyright Administration or local people's governments to the parties or relevant personnel. 

Article 18 (Types of evidence) Evidence collected during case handling shall include: 

(1) documentary evidence; 

(2) material evidence; 

(3) witness testimony; 

(4) audio-visual materials; 

(5) statements of the parties; 

(6) appraisal conclusions; 

(7) records of examination and investigation. 

Article 19 (Evidence provided by the parties) The copyright-related manuscripts, original copies, legal publications, copyright registration certificates, certificates issued by certification bodies, contracts for obtaining rights, physical objects and invoices obtained from the purchase of infringing copies by the parties themselves or on their behalf by means of order, on-site transaction, etc., may be used as evidence. 

Article 20 (Making a list) The case-handling personnel shall be present in the presence of the parties concerned in collecting samples and first registering and preserving the relevant evidence. A list of the relevant articles shall be made on the spot in duplicate, signed and sealed by the personnel handling the case and the parties concerned, and submitted to the copyright administrative department where the parties and the personnel handling the case belong respectively for preservation. If a party is not present or refuses to sign or seal, two or more case-handling personnel on the scene shall indicate the situation. 

Article 21 (prior registration and preservation procedures) the case handling personnel shall obtain approval from the head of the department for prior registration and preservation of the evidence, and deliver the notice of prior registration and preservation to the parties concerned. The parties or relevant personnel may not transfer or destroy relevant evidence during the period of preservation. 

The evidence that has been registered and preserved in advance shall be affixed with a seal that has been registered and preserved by the copyright administrative department in advance, and shall be preserved by the parties concerned on the spot. If the evidence previously registered for preservation really needs to be moved to another place, it may be moved to an appropriate place for preservation. If it is too late to go through the procedures prescribed in this article in an urgent situation, the case-handling personnel may take measures first and make up the procedures in a timely manner afterwards. 

Article 22 (Follow-up measures for prior registration and preservation) For the evidence of prior registration and preservation, the following decisions shall be made within seven days after the delivery of the notice of prior registration and preservation of evidence: 

(1) If an appraisal is required, it shall be submitted for appraisal; 

(2) If the illegal facts are established and should be confiscated, they shall be confiscated in accordance with legal procedures; 

(3) If the case should be transferred to the relevant department for handling, the case together with the evidence shall be transferred to the relevant department for handling; 

(4) If the illegal facts are not established, or should not be confiscated according to law, the registration and preservation measures shall be lifted; 

(5) Other relevant statutory measures. 

Article 23 (Entrusting investigation) Where, in the course of investigating and investigating a case, the copyright administration department entrusts other copyright administration departments to investigate on its behalf, it shall issue a letter of entrustment. The entrusted copyright administration department shall actively provide assistance.

Article 24 (Professional appraisal) The copyright administration department may entrust specialized agencies or employ professionals to conduct appraisal of professional problems in investigating and handling cases. 

Article 25 (Investigation report) After the conclusion of the investigation, the case personnel shall submit a case investigation report, indicating whether the relevant acts are illegal, putting forward opinions on handling and relevant facts, reasons and basis, and attach all evidentiary materials. 

Article 26 (informing the parties) Where the copyright administration department intends to make an administrative penalty decision, the person in charge of the department shall issue a notice of the administrative penalty in advance, informing the parties of the facts, reasons and basis of the proposed administrative penalty decision, and informing the parties of the right to make a statement, the right to defend and other rights enjoyed in accordance with the law. 

The notice of administrative punishment in advance shall be served directly by the copyright administration department on the party concerned, and the party concerned shall sign and seal the receipt of service. If the party refuses to sign, the service personnel shall indicate the situation and report to the person in charge of the department. The copyright administration department may also notify the parties by mail. If a party cannot be found, it may be notified in the form of a public announcement.

Article 27 (Time limit for parties' statements and defense) If a party requests statements or defense, it shall, within 7 days after being informed, or within 30 days from the date of publication of the announcement, submit statements, defense opinions, and corresponding facts, reasons and evidence to the copyright administration department. If the party fails to exercise the right to make a statement or to plead during this period, it shall be deemed to have waived its right. 

If the notification is made by direct service, the date on which the party signs for receipt shall be the date of notification; If the notification is delivered by mail, the date of receipt indicated on the receipt shall be the date of notification. 

Article 28 (Review) Case handling personnel shall fully listen to the statements and defense opinions of the parties, review the facts, reasons and evidence presented by the parties, and submit a review report.

The copyright administration department shall not impose a heavier penalty on the parties concerned because of their defense.

Article 29 (Handling decision) The head of the copyright administration department shall review the investigation report and review report of the case, and make the following handling decisions according to the review results: 

(1) If it is indeed an illegal act that should be subject to administrative punishment, administrative punishment shall be imposed according to the extent of the infringer's fault, the length of the infringement, the scope of the infringement and the consequences of the damage; 

(2) If the illegal act is minor, administrative punishment may not be imposed; 

(3) If the illegal facts are not established, no administrative punishment shall be imposed; 

(4) If the illegal act is suspected to constitute a crime, it shall be transferred to the judicial department for handling. 

Heavier administrative punishment for complicated or major illegal acts shall be decided by the heads of the copyright administration department after collective discussion. 

Article 30 (Fine) When the copyright administration department makes a fine decision, the amount of the fine shall be determined in accordance with the provisions of Article 36 of the Regulations on the Implementation of the Copyright Law of the People's Republic of China and Article 24 of the Regulations on the Protection of Computer Software. 

Article 31 Where the circumstances of the violation are serious, the copyright administration department may confiscate the materials, tools and equipment mainly used for making infringing copies. 

The "serious circumstances" mentioned in the preceding paragraph means:

(1) the amount of illegal income (that is, the amount of profit) of an individual is more than 5,000 yuan, and the amount of illegal income of a unit is more than 30,000 yuan; 

(2) the amount of illegal business carried out by individuals is 30,000 yuan or more, and the amount of illegal business carried out by units is 100,000 yuan or more; 

(3) individuals dealing in more than 2,000 copies (sheets or boxes) of infringing copies, and units dealing in more than 5,000 copies (sheets or boxes) of infringing copies; 

(4) infringement of copyright again after being investigated for legal responsibility for infringement of copyright; 

(5) causing other major impacts or serious consequences. 

Article 32 (no further penalty for one thing) Where other administrative organs have already imposed a fine on a party for the same illegal act, the copyright administration department shall not impose a further fine, but may, depending on the specific circumstances, impose other types of administrative penalties as provided for in Article 4 of these Measures. 

Article 33 (Hearing standards) Before the copyright administrative department makes a decision on a large amount of fines or other administrative punishment decisions that should be heard according to laws and administrative regulations, it shall inform the parties that it has the right to request a hearing.

The "large amount of fines" mentioned in the preceding paragraph refers to fines of more than 20,000 yuan imposed on individuals and more than 100,000 yuan imposed on units. Where local regulations and rules provide otherwise for hearing requirements, they shall be handled in accordance with local regulations and rules.

Article 34 (Hearing) If a party requests a hearing, the copyright administration department shall organize a hearing in accordance with the procedures provided for in Article 42 of the Administrative Penalties Law. The parties shall not bear the costs of organizing the hearing. 

Article 35 (legal documents) Where the copyright administration department decides to impose administrative penalties, it shall make a written decision on administrative penalties. 

If the copyright administration department decides not to impose administrative penalty, and the illegal act is minor, it shall make a notice of not imposing administrative penalty, stating the facts, reasons and basis for not imposing administrative penalty, and serve it on the party concerned. If the illegal facts are not established, a notice of the investigation results shall be prepared and served on the parties. 

Where the copyright administrative department decides to transfer the case to the judicial department for handling, it shall make a transfer letter of suspected criminal case and transfer it to the judicial department with jurisdiction in a timely manner together with relevant materials and evidence.

Article 36 (Service) The written decision on administrative punishment shall be delivered by the copyright administrative department to the party on the spot after the announcement. If the party is not present, it shall be served on the party within 7 days. 

Article 37 (Applying for administrative reconsideration and instituting administrative proceedings) If a party is not satisfied with the administrative punishment imposed by the National Copyright Administration, it may apply to the National Copyright Administration for administrative reconsideration; If the party concerned is not satisfied with the administrative punishment imposed by the local copyright administration department, it may apply for administrative reconsideration to the people's government at the same level or the copyright administration department at the next higher level. 

If the party concerned refuses to accept the administrative penalty or administrative reconsideration decision, it may bring an administrative lawsuit in accordance with law. 

Chapter IV Execution procedures 

Article 38 (Execution of penalty decision) After receiving the administrative penalty decision, the party shall perform it within the time limit stipulated in the administrative penalty decision. 

Where a party applies for administrative reconsideration or brings an administrative lawsuit, the execution of the administrative penalty shall not be suspended. Except as otherwise provided by law. 

Article 39 (Disposal of Forfeitures) Confiscated infringing copies shall be destroyed or disposed of in other appropriate ways with the consent of the infringed. 

When destroying infringing copies, the copyright administration department shall assign two or more law enforcement personnel to supervise the destruction process, verify the destruction results, and make records of the destruction. 

The confiscated materials, tools and equipment mainly used for making infringing copies shall be publicly auctioned or disposed of in accordance with the relevant provisions of the State by the copyright administration department. 

Article 40 (Enforcement on behalf of) The copyright administration department at a higher level may entrust the copyright administration department at a lower level to carry out the administrative punishment decision on its behalf. The copyright administration department at a lower level that executes on its behalf shall report the result of the execution to the copyright administration department at a higher level. 

Chapter V Supplementary Provisions

Article 41 (Statistics of Administrative Penalties) The copyright administrative department shall establish a statistical system of administrative penalties for copyright in accordance with the national statistical laws and regulations, and submit a statistical report on administrative penalties for copyright to the copyright administrative department at the next higher level once a year. 

Article 42 (filing and archiving) After the execution of the administrative penalty decision or reconsideration decision, the copyright administrative department shall file the case materials in a timely manner. 

Filing and archiving materials mainly include: administrative penalty decision, filing approval form, case investigation report, review report, reconsideration decision, hearing record, hearing report, evidence materials, property disposal documents and other relevant materials. 

Article 43 (Production of legal documents) The relevant legal documents involved in these measures shall be produced with reference to the format of relevant documents determined by the National Copyright Administration. 

Article 44 (Implementation) These Measures shall come into force as of September 1, 2003. The Measures for the Implementation of Administrative Punishment for Copyright issued by the National Copyright Administration on January 28, 1997 shall be repealed at the same time, and other relevant provisions issued before the implementation of these Measures shall be implemented in accordance with these Measures if they conflict with these Measures.