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DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS ON PUNISHMENT OF THE CRIMES OF INFRINGING COPYRIGHT

Category  CRIMINAL LAW Organ of Promulgation  The Standing Committee of the National People's Congress Status of Effect  Invalidated
Date of Promulgation  1994-07-05 Effective Date  1994-07-05 Date of Invalidation  1997-10-01

Decision of the Standing Committee of the National People's Congress on Punishment of the Crimes of Infringing Copyright





(Adopted at the Eighth Meeting of the Standing Committee of the Eighth

National People's Congress, promulgated by Order No.30 of the President of
the People's Republic of China and effective as of July 5, 1994)(Editor's
Note: This Decision has been invalidated by the Criminal Law of the People's
Republic of China revised at the Fifth Session of the Eighth National
People's Congress on March 14, 1997, and effective on October 1, 1997)

    With a view to punishing crimes of infringing copyright and copyright-
related rights and interests, the following provisions supplementary to the
Criminal Law are made.

    1. In any of the following cases of infringing copyright, for the purpose
of reaping profits, where the amount of illegal gains is relatively large
or there are other serious circumstances, the offender shall be sentenced
to not more than three years of fixed-term imprisonment, to criminal
detention, or independently or additionally to a fine; where the amount of
illegal gains is large or there are other especially serious circumstances,
the offender shall be sentenced to not less than three years and not more than
seven years of fixed-term imprisonment and a fine:

    (1) Producing and distributing, without the permission of the copyright
holder, his written work, musical work, cinematic work, television work,
video work, computer software and other works;

    (2) Publishing a book of which another person has the exclusive publishing
right;

    (3) Reproducing and distributing, without the permission of the phonogram
or videogram producer, the phonogram or videogram produced by him;

    (4) Producing and selling a work of art bearing the forged signature of
another person.

    2. Whoever sells, for the purpose of reaping profits, those which he well
knows are infringing reproductions specified in the first article, where the
amount of his illegal gains is relatively large, shall be sentenced to not
more than two years of fixed-term imprisonment or to criminal detention or
independently or additionally to a fine; where the amount of his illegal gains
is large, the sentence shall be not less than two years and not more than five
years of fixed-term imprisonment and a fine.

    3. Where an organization commits a criminal act specified in this
Decision, it shall be sentenced to a fine, and the directly responsible
persons in charge and other directly responsible persons shall be punished in
accordance with the provisions of this Decision.

    4. The discovered and seized infringing reproductions, illegal gains, and
materials, tools, equipment or other property belonging to the offending
organization or individual and used mainly in the crime of infringing
copyright, shall, without exception, be confiscated.

    5. Whoever commits the crime specified in this Decision and causes the
infringed party to suffer loss, in addition to being investigated for criminal
responsibility in accordance with this Decision, shall be, according to
circumstances, sentenced to payment of compensation for loss in law.

    6. This Decision shall come into force on the date of its promulgation.



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