2012 Review: IP – reforms, famous trademarks, top cases and patent marking
January 04, 2013 | BY
clpstaff &clp articlesThe Trademark, Copyright and Patent Laws were all up for review in 2012, which shows China's commitment to strengthening IP rights. But are the changes enough to protect businesses and what can IP practitioners expect for the year ahead?
Expectations from Copyright Law amendments
Public opinion on amendments to the PRC Copyright Law (中华人民共和国著作权法) closed on July 31 2012 and the National Copyright Administration is working on a third draft. Uncertainty remains as musicians and artists wait to see whether their concerns relating to controversial provisions, especially Article 46, will be taken into account.
Article 46 states that, pursuant to Article 48, any record producer has the right to make a recording of musical works owned by another, without needing authorisation from the original owner, provided the content has been published for three months or longer.
Under Article 48, the royalties for this use will be collected within one month through collective copyright management organisations, who will transfer payment to the copyright owner. The user is not liable as long as they submit usage fees to these organisations. This holds true regardless of whether the owner is a member of the organisation, according to Articles 60 and 70.
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