PRC Legal Provisions

Additional Laws and Regulations

Temporary Provisions Regarding Strengthening Linkages and Cooperation During Striking Criminal Copyright Violation Work (Chinese Text)

December 8, 2006

The following text of the Temporary Provisions Regarding Strengthening Linkages and Cooperation During Striking Criminal Copyright Violation Work jointly issues by the Ministry of Public Security and the National Copyright Administration on March 20, 2006 was retrieved from the General Administration of Press and Publication Administration Web site on May 18, 2006.

Opinion Regarding the Timely Transfer of Cases in Administrative Enforcement That are Suspected of Involving Crimes (Chinese Text)

December 8, 2006

The following text of the Opinion Regarding the Timely Transfer of Cases in Administrative Enforcement That are Suspected of Involving Crimes jointly issued by the National Office of Rectification and Standardization of Market Economic Order, the Ministry of Public Security, and the Ministry of Supervision was retrieved from the State Council Information Office Web site on April 6, 2006.

Interpretation Regarding Certain Laws to Be Used in Adjudicating Disputes Relating to Music Television Copyright Civil Disputes (Draft for Comment) (Chinese Text)

December 8, 2006

The following text was retrieved from the Supreme People's Court Web site on April 6, 2006.

Interpretation Regarding Certain Laws to Be Used in Adjudicating Disputes Relating to Unfair Comptetion Civil Disputes (Draft for Comment) (Chinese Text)

December 8, 2006

The following text was retrieved from the Supreme People's Court Web site on April 6, 2006.

Interpretation Regarding Certain Laws to Be Used in Adjudicating Disputes Relating to Plant Variety Rights Infringement Disputes (Draft for Comment) (Chinese Text)

December 8, 2006

The following text was retrieved from the Supreme People's Court Web site on April 6, 2006.

Measures on the Resolution of Domain Name Disputes (Chinese Text)

December 8, 2006

The following text was retrieved from the China Network Information Center Web site on July 5, 2006.

Regulations on the Administration of Entertainment Venues (Chinese Text)

December 8, 2006

The following text was retrieved from the Chinese Central Government Web site on July 5, 2006.

Working Plan for Regional Punishment Campaign to Strictly Strike Against Illegal Piracy Conduct (Chinese Text)

December 8, 2006

The following text was retrieved from the Ministry of Culture Web site on December 8, 2006.

Interpretation About Relevant Issues of Handling Criminal Cases of Infringing Upon Copyright Concerning Audio-visual Fixation (Chinese and English Text)

December 8, 2006

The following translation was retrieved from the Ministry of Commerce's Invest in China <a href="https://www.fdi.gov.cn/ltlaw/lawinfodisp.jsp?id=ABC00000000000011353">Web site</a> on April 6, 2006. The Chinese text was retrieved from the Supreme People's Court <a href="https://www.court.gov.cn/lawdata/explain/main/200510180002.htm">Web site</a> on April 6, 2006. <HR> Reply of the Supreme People's Court and the Supreme People's Procuratorate about Relevant Issues of Handling Criminal Cases of Infringing upon Copyright concerning Audio-visual Fixation Announcement of the Supreme People's Court and the Supreme People's Procuratorate Interpretation No.12 [2005] of the Supreme People's Court October 13, 2005 This announcement, which was adopted at the 1365th meeting of the Judicial Committee of the Supreme People's Court on September 26, 2005, and the 39th meeting of the Tenth Procuratorial Committee of the Supreme People's Procuratorate on September 30, 2005, is hereby promulgated, and shall come into force on October 18, 2005. The higher people's courts and the people's procuratorates of all provinces, autonomous regions, and municipalities directly under the Central Government, military courts and the military procuratorates of the PLA, the Production and Construction Corps branch of the Higher People's Court of Xinjiang Uigur Autonomous Region and the people's procuratorate of Xinjiang Production and Construction Corps: After the issuance of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate about Relevant Issues of Handling Criminal Cases of Infringing upon Copyright concerning Audiovisual Works, some higher people's courts and the people's procuratorates at provincial level have requested instructions about some relevant issues of handling criminal cases of infringing upon copyright concerning audio-visual fixation. Upon deliberation, you are hereby given a reply as follows: Aiming at making profits, the act of duplicating and distributing audiovisual works without the permission of the producers, quantity standard is applicable to the item 2 paragraph 1 and the item 2 paragraph 2 of Article 5 respectively of Interpretation of the Supreme People's Court and the Supreme People's Procuratorate concerning Some Issues on the Specific Application of Law for Handling Criminal Cases of Infringement upon Intellectual Property Rights. The act of disseminating the audiovisual works to the public without the permission of their producers through information network shall be deemed as a "reproduction and distribution" as prescribed in the Item 3 of Article 217 of the Criminal Law. Hereby replied. Promulgated by Supreme People's Court, Supreme People's Procuratorate on 2005-10-13

Tradmark Examination Rules (Chinese Text)

December 7, 2006

The following text was retrieved from the China Legislative Information Network System Web site on July 5, 2006.

Provisions on Public Security Agency Work on Petitioning (Chinese Text)

December 7, 2006

The following text was retrieved from the PRC Ministry of Public Security <a href="https://www.mps.gov.cn/webPage/showfagui.asp?ID=3787">Web site</a> on January 20, 2006.

Regulation for Filing Local and Administrative Rules (Chinese Text)

December 7, 2006

The following text was retrieved from the Ministry of Justice Web site on May 5, 2006.

Regulation on the Procedures for the Formulation of Rules (Chinese Text)

December 7, 2006

The following text was retrieved from the State Council Legislative Affairs Office Web site on May 6, 2006.

Li Jianping Criminal Judgment (Chinese Text)

December 6, 2006

The following text was retrieved from the Boxun Web site on November 3, 2006. The judgment was issued by the Intermediate People's Court in Zibo city, Shandong province, on October 25, 2006.

SPC Circular on Carrying out the Ten Systems to Prevent Extended Detentions from Recurring (Chinese Text)

December 5, 2006

The following <a href="https://news.xinhuanet.com/zhengfu/2003-12/03/content_1211768.htm">text</a> was retrieved from the Xinhua Web site on December 5, 2006.

SPC, SPP, MPS Circular on Strictly Enforcing the Criminal Procedural Law and Ensuring the Correction and Prevention of Extended Detention (Chinese Text)

December 5, 2006

The following <a href="https://www.chinalaw.gov.cn/jsp/contentpub/browser/contentpro.jsp?contentid=co2061840259">text </a> was retrieved from the China Legislative Information Network System, a Web site of the PRC State Council Legislative Affairs Office, on December 5, 2006.

Several SPC Trial Opinions on Standardizing the Docketing of Retrials by People's Courts (Chinese Text)

December 5, 2006

The following <a href="https://www.hicourt.gov.cn/law/show.asp?fileno=10957">text</a> was retrieved from Tianya Law Net, a Web site jointly developed by the PRC National Judges College and Hainan Provincial High People's Court, on December 5, 2006.

SPC Opinion on Various Concrete Procedural Issues in Criminal Retrial Work (Chinese Text)

December 5, 2006

The following <a href="https://202.99.23.199/page/secondbrw.cbs?rid=3&order=260&result=c%3A%5Ctemp%5Ctbsbase%5CL05C7A2%2Etmp&page=allindex&f=&field=&transword=++%D4%D9%C9%F3&dkall=1&OpenCondition=FULLTEXT%3D%27%28%23%CA%B1%D0%A7%D0%D4%3D%2A%29+AND++%28%D4%D9%C9%F3%29%27">text</a> was retrieved from the online Law Database of the PRC Ministry of Justice on December 5, 2006.

SPC Detailed Provisions on Court Hearing Procedures in Criminal Retrial Cases (Chinese Text)

December 5, 2006

The following <a href="https://www.legaldaily.com.cn/gb/content/2001-12/31/content_29793.htm">text</a> was retrieved from the Legal Daily Web site on December 5, 2006.

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