China’s copyright law amendment criticised as an ‘abusive use of power’ that weakens IP protection
- Proposal to update Article 4 of China’s copyright law includes a new clause of ‘abusive use of copyright’ that would hand regulators significant power
- It could spark disputes with trading partners, including the US and European Union, that have long complained China’s poor record in protecting intellectual property
A controversial proposed amendment to China’s copyright law that claims to offer copyright owners increased protection has been criticised as an “abusive use of power” and “rule-of-law with Chinese characteristics”.
The new clause of “abusive use of copyright” would hand regulators significant power to review how a business or individual enforces their own copyright and could potentially weaken copyright holders’ positions, legal experts have said.
The provision within Article 4 of China’s copyright law, which covers literary, artistic, as well as scientific works such as computer programs, is intended to prevent copyright owners from hindering “normal distribution of works” and “harming the public interest”.
According to legal experts, a copyright owner could be subject to a complaint if it did not share access to its property, as they could be viewed to be preventing normal distribution.
As copyright is a private property right, any disputes should be settled through judicial channels rather than administrative channels
The allowance also does not currently exist in any other international conventions or treaties, and could cause significant legal consequences, according to legal experts who have reviewed the published draft.
