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.