Yes, China does have copyright laws. The Copyright Law of the people’s Republic of China (“Copyright Law”) was adopted at the 15th meeting of the Standing Committee of the Seventh National People’s Congress on September 7, 1990. According to the 24th meeting of the Standing Committee of the Ninth National People’s Congress on October 27, 2001, the decision on amending the copyright Law of the people’s Republic of China was adopted. The copyright Law of the people’s Republic of China (the second amendment) was adopted by the Thirteenth meeting of the standing Committee of the Eleventh National People’s Congress on February 26, 2010.
In addition to the above-mentioned Copyright Law, the State Council also promulgated the Regulation for the Implementation of the Copyright Law of the People’s Republic of China (“Implementation Regulation”). Such Implementation Regulation was promulgated according to the decree No. 359 of the State Council of the people’s Republic of China on August 2, 2002, and in accordance with the decision of the State Council on January 8, 2011 made the first amendment. The second revision was made in accordance with the decision of the State Council on amending the regulations on the implementation of the copyright Law of the people’s Republic of China on January 30, 2013.
The former General Administration of Press and Publication (including National Copyright Administration) specifically issued the Measures for Voluntary Registration of Works to safeguard the legitimate rights and interests of the author or other copyright owners and users of the works, and it is helpful to resolve the copyright dispute on the ownership of the copyright and to provide preliminary evidence for the settlement of the copyright dispute. For those computer software, being as a kind of special works, the former General Administration of Press and Publication (including National Copyright Administration) also issued the Measures for the Registration of Computer Software Copyright to manage the registration for such special works.
Besides, in order to correctly try civil dispute cases involving copyright, the Supreme People’s Court issued its Interpretation on Several Issues concerning the Application of Law in the Trial of Civil Dispute Cases Involving Copyright. Such Interpretation clarifies how the people’s court should apply Copyright Law when hearing civil disputes involving copyright.
For the purpose of regulating the collective administration of copyright, and facilitating both the copyright owners and other rights holders relating to copyright to exercise their rights as well as for the users to use works, the State Council also issued the Regulations on the Collective Administration of Copyright.
Furthermore, in order to better protect foreign works, the State Council issued the Regulations for the Implementation of International Copyright Treaties (“Regulations”), providing that the protection of foreign works shall be governed by the, the Implementation Regulations, the Regulations on the Protection of Computer Software and these Regulations. According to Article 17 of such Regulations:
“Foreign works that have not yet fallen into the public domain in the
country of origin on the date of the international copyright treaty coming
into force in China, shall be protected until the expiry of the term of
protection provided for in the Copyright Law and these Regulations.
The provisions of the preceding paragraph shall not apply to the use
of foreign works prior to the date of the international copyright treaty
coming into force in China.
Chinese citizens or legal persons that owned and used particular
reproductions of foreign works for particular purposes prior to the
international copyright treaty coming into force in China, may continue to
use the reproductions of such works without liability, provided that such
reproductions are neither reproduced nor used in any way that would
unreasonably prejudice the legitimate rights and interests of the owners
of copyright in the works.
The provisions of the preceding 3 paragraphs shall be implemented in
accordance with the relevant bilateral copyright agreements between China
and the relevant countries. ”