Overview per Jurisdiction
China
Governing Law & Dispute Resolution Mechanism

Copyright Law (Promulgated in 1990, amended in 2001 and 2010). Article 8 of the Copyright Law (added in the 2001 Amendment) provides that copyright owners or owners of the related rights may authorize collective societies to exercise their rights. Upon authorization, a collective society may exercise the rights in its own name, and may participate as a party in legal or arbitration proceedings concerning the relevant rights.

In 2005, China promulgated the Copyright Collective Management Regulations (click here for an unofficial English version).  An overview of the Regulation can be found at here (please read part III of the linked article.)

 

 


Is there a specialized dispute resolution body? No
Which Body? N/A
Do the general courts have jurisdiction to determine reasonable license terms where they cannot be agreed? Yes
Which court? Any ordinary court can determine whether a license term is reasonable.

In practice, because the PRC collective societies are all based in Beijing, the courts in Beijing generally have more experience and more frequent opportunity to review cases involving license terms. 


Summary of Key Collecting Societies
Type of Licenses
TV Radio Online Production Mechanical Performance / Renting Live Events Products Others
CAVCA - China Audio-Video Copyright Association N/A N/A N/A N/A N/A
CFCA - China Film Copyright Association N/A N/A N/A N/A N/A
MCSC - Music Copyright Society of China N/A


N/A - CMO does not offer this type of license



Level of Activity

The local collecting societies are generally active.

Contributors / Coordinators

Both Baker & McKenzie and WIPO coordinated and/or contributed content for this chapter. For more information on the relevant CMOs, please contact the CMOs directly.


Loke-Khoon Tan
Baker & McKenzie
Hong Kong
LKT@bakermckenzie.com
T: + 852 2846 1970
F: + 852 2842 1707

 

Donnie Dong
Baker & McKenzie
Hong Kong
Donnie.Dong@bakermckenzie.com
T + 852 2846 1527