(1) Punishment Institutions and Powers
National Copyright Administration and Local People’s Governments The copyright administrative department is responsible for imposing administrative penalties on software infringement of software copyrights. The National Copyright Administration is responsible for handling the following infringements: infringements that have a significant impact across the country; foreign-related infringements; and infringements that it believes should be investigated and dealt with by the National Copyright Administration.
The copyright administrative department is responsible for punishing infringements that occur in the region. If two or more local copyright administrative departments have jurisdiction, the one that files the case first shall have jurisdiction. If a dispute arises over the jurisdiction of the copyright administrative department, the dispute shall be resolved through negotiation between the two parties; if the dispute cannot be resolved through negotiation, the matter shall be reported to the National Copyright Administration for designation of jurisdiction.
The National Copyright Administration can handle infringement cases that have been filed by local copyright administrative departments; it can also designate local copyright administrative departments to handle cases that should be handled by the National Copyright Administration infringement.
(2) Penalty Procedure
1. Application and acceptance
Applicants applying to the copyright administrative department to investigate and deal with infringements should submit a written application. The application should include the physical situation of the applicant and the infringer, the specific facts and reasons for the processing, the evidence and the source of the evidence, and the names and residences of the witnesses. If the applicant appoints an agent, a written power of attorney should be issued. The copyright administration shall decide whether to accept the application within 15 days from the date of receipt of the application and notify the complainant. The copyright administrative department may decide to accept an infringement case upon the application of the infringed party or an interested party, or may decide to file the case on its own initiative.
2. Investigation and handling procedures
The personnel responsible for handling infringements in the copyright administrative department are responsible for infringement cases. If there is a stake, you should avoid it yourself. If there is no recusal, the party concerned may apply for recusal. The withdrawal of the person in charge shall be approved by the administrative person in charge of the copyright administrative department. The withdrawal of the administrative head shall be approved by the superior department. After accepting the case, the copyright administrative department shall investigate the evidence provided by the applicant. When handling a case, the copyright administrative department may entrust other copyright administrative departments to investigate on its behalf, and the entrusted copyright administrative department shall actively provide assistance. Copyright administrationThe handling department shall make a penalty decision within two months of accepting the infringement case. If a decision cannot be made within the time limit, it can be extended to 3 months with the approval of the administrative director of the department. If a penalty cannot be issued within 3 months, it can be extended appropriately with the approval of the person in charge of the superior department. The copyright administrative department shall deliver the penalty decision to the parties involved in the infringement case within 15 days after making the penalty decision. If the party concerned is dissatisfied with the administrative penalty decision, he may file a lawsuit with the People's Court within 3 months of receiving the administrative penalty decision. If no lawsuit is filed and performance is not performed upon expiration of the time limit, the copyright administrative department may apply to the People's Court for compulsory enforcement. The administrative penalty decision issued by the National Copyright Administration may be implemented by designating the local copyright administrative department. When executing a penalty decision such as confiscation or fine, a uniform receipt shall be issued to the person punished. The local copyright administrative department shall report to the National Copyright Administration for record within 15 days after the administrative penalty decision is made.
