Supreme People's Court issued the "Opinions on Strengthening the Protection of Copyright and Copyright-related Rights"

On November 16, 2020, the Supreme People's Court issued the "Opinions on Strengthening the Protection of Copyright and Copyright-related Rights". The promulgation of the "Opinions" aims to clarify the rules for the application of the law, advocate honest litigation, and curb copyright infringement. The "Opinions" require that by improving the quality and effectiveness of intellectual property trials, we should effectively strengthen copyright protection in the fields of literature, art and science, and give full play to the role of copyright trials in regulating, guiding, promoting and guaranteeing cultural construction, and inspiring the cultural innovation and creativity of the whole nation. Promote the construction of socialist spiritual civilization, prosper and develop cultural undertakings and cultural industries, enhance the country’s cultural soft power and international competitiveness, and serve high-quality economic and social development.

The "Opinions" emphasized that it is necessary to strengthen the protection of creators' rights and interests in accordance with the law, make overall plans and take into account the interests of communicators and the public, and insist on the core position of innovation in the overall situation of China's modernization drive. Handle the relationship between encouraging the development of emerging industries and protecting the legitimate rights and interests of right holders in accordance with the law, coordinate the relationship between stimulating creation and safeguarding people’s cultural rights and interests, and give full play to the important role of transferees and licensees in promoting the dissemination of works. Protect copyrights and copyright-related rights, promote the creation and dissemination of intellectual achievements, and develop and prosper socialist culture and science.

The "Opinions" pointed out that it is necessary to promote the pilot work of the diversion of complicated and simplified cases, and strive to shorten the trial period of typed cases involving copyright. Improve the evidence rules for intellectual property litigation, allowing parties to save, fix and submit evidence through blockchain and other methods, effectively solving the problem of difficulty for intellectual property rights holders to provide evidence. Support the parties’ behavior preservation, evidence preservation, and property preservation requests in accordance with the law, and comprehensively use a variety of civil liability methods, so that right holders can receive more comprehensive and adequate relief in civil cases.

In addition, the "Opinions" also make specific provisions on the full application of signature presumption rules, proper handling of new types of cases, destruction of infringing copies and materials and tools, adequately filling the losses of the right holder, accurate identification of infringement intentions, and guidance of parties to litigation in good faith.