1. ® ® Michael Schlesinger mns@msk.com schlesin@iipa.com International Intellectual Property Alliance Mitchell, Silberberg & Knupp LLP George Washington University School of Law Munich Intellectual Property Law Center (MIPLC), Max Planck Institut New Developments in Chinese IP Law: Copyright Revisions and Enforcement Challenges October 4, 2012 Berkeley, CA External Perspectives on New Chinese Copyright Law

2. ® ® Seven Trade Associations of the IIPA over 3,200 companiesnearly 6.5% of U.S. GDP 5.1 million workers

3. ® ® Broad Goals of Chinese Copyright (and Related) Law Revision from Creators’ Perspective Enhance Economic Development (reduce piracy rates, increase revenues) Enhance Cultural Development (increase productions and co-production) Promote Rule of Law and Culture of Legitimacy (more legal choices for delivery of content)

4. ® ® Specific Goals of Chinese Copyright (and Related) Law Revision from Creators’ Perspective Internet Liability Issues (Art. 69) coverage? (host, search, link) (P2P? cyberlocker? BitTorrent indexes/trackers? streaming?) vicarious covered? (right and ability to supervise/control and monetary benefit) non-“ISPs”? wilful blindness (no duty to monitor≠) “timely”

5. ® ® Specific Goals of Chinese Copyright (and Related) Law Revision from Creators’ Perspective Internet Liability Issues (Art. 69) E-mail notices – important! repeat infringer policies Draft Article 77 (no license=infringing) (definition of “user”)

6. ® ® Specific Goals of Chinese Copyright (and Related) Law Revision from Creators’ Perspective Internet Liability Issues (Art. 69) relationship with important Draft SPC Internet Rules broad coverage (but streaming?) (mobile devices?) (local networks?) (automatic access, automatic transmission) joint and several liability contrib. liability when ISP knows or should have known payment processors/server farms repertoire wide relief

7. ® ® Specific Goals of Chinese Copyright (and Related) Law Revision from Creators’ Perspective Technological Protection Measures (Art. 64) “technologies” covered? (says “devices, or components”) (perhaps covered in services) “access” control technologies (“viewing, appreciation, running”) “that are mainly used” (expand to “designed or promoted” to evade TPMs?) “Intentionally”: Articles 65 and 74 of the NCAC Draft contain the word 得故意

8. ® ® Specific Goals of Chinese Copyright (and Related) Law Revision from Creators’ Perspective Technological Protection Measures (Art. 64) Exceptions (narrowly tailored to preserve effectiveness of TPMs) classroom – face to face only? works unavailable due to government policies “except as otherwise provided in laws and administrative regulations” “without authorization” ( 未经许可 ) = right holder consent?

9. ® ® Specific Goals of Chinese Copyright (and Related) Law Revision from Creators’ Perspective Criminal Law Reform threshold of 500 copies – revisit coverage of “other situations to make profit by using third parties’ works” (2011 Criminal IPR Opinions, Article 10(4) “for profit” definition) (end-user piracy) express coverage of exclusive rights (e.g., broadcast, communication over information networks) TPMs/RMI violations

10. ® ® Many more issues are covered in depth in our submissions