The first "copyright" legislation! The "Guangdong Province Copyright Regulations" were voted and passed and will be implemented on January 1, 2023!-Industry News-Shenzhen deep trust patent Agency Co., LTD

News Updates

NEWS CENTER

Related News

There is currently no data available

Home

The first "copyright" legislation! The "Guangdong Province Copyright Regulations" were voted and passed and will be implemented on January 1, 2023!

Release Time：

2022-09-30

Guangdong has made special legislation to promote the development of the copyright industry. On September 29, the 46th meeting of the Standing Committee of the 13th Guangdong Provincial People’s Congress reviewed and approved the Guangdong Provincial Copyright Regulations. The regulations focus on improving the "full chain" of copyright creation, use, protection, management and services. They are a useful exploration to promote innovation in copyright governance and will be officially implemented on January 1, 2023.

On the afternoon of September 29, the 46th meeting of the Standing Committee of the 13th Provincial People's Congress held its second plenary session. The meeting voted to adopt the "Guangdong Province Copyright Regulations" and the "Guangdong Province Statistics Regulations", decisions on approving relevant regulations in Heyuan, Meizhou, Huizhou, Maoming, Zhaoqing and other cities, and resolutions on approving the second provincial fiscal budget adjustment plan for 2022, etc. matter.

Among them, the "Guangdong Provincial Copyright Regulations" (hereinafter referred to as the "Regulations"), which stipulates the improvement of the "full chain" of copyright creation, use, protection, management and services, is a useful exploration to promote innovation in copyright governance. "Encouraging creation" will be included in the provisions and will be officially implemented on January 1, 2023.

Advocate for the coordinated development of copyright industries in the Greater Bay Area

In recent years, Guangdong's core copyright industries such as press and publishing, radio, film and television, software information services, the Internet, creative design, animation and games have formed a development trend of rapid growth, large volume, and high concentration. The industry scale has ranked first in the country for many years. . But at the same time, there are growing calls for legislation to protect innovation capabilities, encourage independent innovation, and promote industrial development.

To this end, the regulations seize the two key links of innovation, creation and transformation and application, and make a series of system designs.

Among them, the regulations include "encouraging creation" for the first time, clearly stipulating that the provincial and prefecture-level copyright authorities should take measures to encourage the creation of works, implement support plans for outstanding works, organize the selection of outstanding copyright works, and focus on promoting scientific and technological innovation, digital Creation and transformation of works in the fields of economy, cultural inheritance and development.

In addition, the regulations focus on the effective transformation and application of copyright innovation achievements, stipulating that provincial and prefecture-level municipal governments should establish a copyright creation system with rights holders as the main body, market-oriented, and a combination of industry, academia, research and application; this should be done through planning guidance, policy support, market Promote the gathering of high-quality regional copyright resources through subject cultivation and other methods, and create conditions and provide convenience for the construction and development of copyright industry clusters. In addition, the regulations also stipulate that the provincial copyright authorities should improve the copyright trading mechanism, guide and regulate market entities in aspects such as copyright confirmation, value assessment, licensing transfer and transaction services, and promote the legal transfer of copyright.

In order to promote the "going out" of copyright, the regulations also advocate the coordinated development of copyright industries in the Guangdong-Hong Kong-Macao Greater Bay Area, and encourage copyright cooperation between Guangdong and Hong Kong and Macao in key industries such as film and television, music, animation, games, creative design, and computer software. . At the same time, it is required to optimize international copyright trade services, expand channels for external exchanges and cooperation, promote exchanges and cooperation in copyright trade, industry docking, academic research, talent training, overseas rights protection, etc., and enhance the international operation capabilities of the copyright industry.

Establish and improve the early warning system for copyright protection of key works

With the rapid economic and social development and the continuous emergence of new business forms, there is an urgent practical need to improve the level of copyright protection.

Based on the "Guangdong Provincial Intellectual Property Protection Regulations", the Regulations focus on key areas and prominent issues in copyright protection, and further implement them from the institutional perspective.

In response to the current situation that copyright infringements in new business formats are complex and frequent and in urgent need of protection, the regulations clearly strengthen the protection of copyright in new business formats. On the one hand, the provincial copyright authorities are required to promote copyright protection in new business formats, strengthen research and supervision on new issues in copyright governance, and improve the copyright protection system for new business formats in sports events, variety shows, online audio-visuals, e-commerce platforms and other fields; on the other hand, It stipulates that the copyright authorities at or above the provincial and prefectural levels should strengthen the research and development and application of digital copyright protection technologies such as source tracing, real-time monitoring, and online identification, and establish a rapid response mechanism to combat online infringement.

In terms of copyright protection of key works, the regulations clarify that the provincial copyright authorities should establish and improve an early warning system for the copyright protection of key works, establish a list of key markets, strengthen monitoring and management of key areas such as e-commerce platforms, exhibitions, professional markets, import and export, and promptly Organize investigations into copyright infringements.

Rights holders’ low awareness of self-protection is also one of the important factors that makes it difficult to safeguard rights in the copyright field. To this end, the regulations clearly encourage enterprises, universities, and scientific research institutions to strengthen the construction of risk prevention mechanisms, establish and improve copyright protection systems, improve self-protection capabilities, and strengthen copyright source protection. At the same time, rights holders are encouraged to use electronic certificates such as time stamps and blockchains. Evidence related to technology acquisition and fixed copyright protection.

It is worth noting that considering that higher-level laws have relatively comprehensive regulations on legal liability for copyright infringements, the Regulations do not make repeated provisions, but focus on clarifying repeated infringements and safeguarding the legitimate rights and interests of rights holders in a targeted manner. The regulations stipulate that after the administrative penalty decision or judicial judgment made on copyright infringement takes effect, if a natural person, legal person or unincorporated organization infringes the copyright of the same work again, the copyright authorities shall impose severe penalties. (Reporter Yao Yao, intern Yu Huiqi) (Source: China Intellectual Property Protection Network)

The regulations stipulate that after the administrative penalty decision or judicial judgment made on copyright infringement takes effect, if a natural person, legal person or unincorporated organization infringes the copyright of the same work again, the copyright authorities shall impose severe penalties.

More intellectual property information and services

Follow the official subscription account of [Shenxin Intellectual Property] on the code

Follow the official service account of [Shentrust Intellectual Property Service Platform] on the code