What is the effective date of the Copyright Law
Although the amendment does not change the effective time of the Copyright Law, it does Comrade Gu Angran, director of the Legal Affairs Committee of the Standing Committee of the National People's Congress, clearly stated in the explanation of the "Decision on Amending the Copyright Law of the People's Republic of China" made at the 24th meeting of the Standing Committee of the Ninth National People's Congress: "This decision has been announced since its announcement. The Copyright Law of the People's Republic of China shall be amended accordingly and re-announced in accordance with this decision.” According to this explanation, the effective time of the revised Copyright Law, and the provisions whose content has not been changed, will still be effective June 1, 1991, and the revised provisions, including the added provisions, shall take effect from the date of announcement of the decision, that is, October 27, 2001.
There are two main reasons why the decision stipulates the effective time: First, the effectiveness of the provisions that have not been changed will of course be determined by the original provisions of the Copyright Law on the effective time. If the effective date of the provisions is also June 1, 1991, then the effective time of the modified provisions is the same as the effective time of the unmodified provisions, which will mean that the modified decision has taken effect before it is passed. This contradiction Of course it shouldn't happen. Second, the implementation time of the revised decision is the date the decision is announced, rather than leaving a transition period between the date the law is announced and the date it is implemented like other laws. This is because the content of the revision is not consistent with the basic principles of the original Copyright law. There is no contradiction, and according to the Chinese government’s commitment to the World Trade Organization, the relevant copyright law modifications must be made before the WTO accession negotiations.It must be completed before the decision is made. The date the decision is announced is the date of implementation, which is also the obligation that my country should fulfill when joining the WTO.
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