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Guide Issued on Complaints of Copyright
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China issued a guide on complaints against copyright administration and infringement cases on Friday in a move to better protect intellectual property right.

"The purpose of this guide is to strengthen copyright protection," said Xu Chao, deputy director-general of China's National Copyright Administration. "This is part of China's campaign to protect intellectual property right."

When a copyright owner discovers infringement, they may file a complaint with the copyright administrative department where the infringement is committed or where the consequence of the infringement arises, the guide says.

The copyright administrative department accepting the complaint can take a variety of legal actions. It can order a cease of the infringement, confiscate unlawful gains and the materials and equipment used to produce illegal copies, and impose fines.

A complainant can be anyone who enjoys copyright or a right related to copyright in accordance with the Copyright Law of the People's Republic of China, or a user who enjoys an exclusive right of exploitation according to law, or an interested party.

Xu said there are two circumstances under which complaints will be received from foreigners. If a foreigner's country has signed the same international copyright treaties as China has, or if a foreigner from a non-treaty country has his works published in a country that signed the treaty, his copyright will be protected in China.

China will not protect a foreigner's copyright beyond the above-mentioned conditions, he said.

A complaint should be filed to the copyright administrative department within two years from the date when the infringement is committed, according to the guide.

(Xinhua News Agency April 29, 2006)

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