Copyright adjudication practice and cases

Author: Zhang Lumin
Publisher:
Publish Date: 2001-03-01
Features: Among China's three main intellectual property laws—Trademark Law, Patent Law, and Copyright Law—Copyright Law was the last to be enacted, with its drafting process lasting 11 years. Compared to the Trademark Law and Patent Law, Copyright Law is undoubtedly more profound in legal theory, and copyright protection is also the most complex aspect within the field of intellectual property. To this day, discussions on the fundamental issues of Copyright Law, such as its scope of protection and the originality of works, still frequently appear in academic journals, serving as a clear example. Although the history of copyright adjudication in Chinese courts can be traced back to the early 1980s, a large number of cases only occurred after the implementation of the Copyright Law. As a result, judges presiding over copyright cases still lack substantial knowledge in both copyright theory and experience in adjudicating copyright cases.