On July 24, the National Copyright Administration announced the newly revised "Measures for the Implementation of Copyright Administrative Penalties", which further improved copyright administrative enforcement from form to content, and ensured the order of copyright administrative enforcement, and regulated the administrative enforcement actions of copyright administrative departments. It is of great significance to promote the administrative enforcement of copyright.

The revised implementation measures are divided into 5 chapters and 44 articles. According to Wang Ziqiang, deputy director of the Copyright Management Department of the National Copyright Administration, the revision of the implementation measures this time mainly includes four aspects:

First, if it is inconsistent with the newly promulgated copyright law, the implementation regulations of the copyright law, and the computer software protection regulations, corresponding adjustments will be made in accordance with the above-mentioned laws and regulations. For example, according to the provisions of the Copyright Law, the law enforcement subject of copyright administrative enforcement is clearly defined, the definition of copyright infringements is regulated, the types of administrative punishments are strictly enforced, and the burden of proof for suspected infringers has been increased in accordance with the provisions of the new Copyright Law.

The second is to further clarify the procedural nature of copyright administrative penalties and strengthen the transparency of administrative penalties in accordance with the requirements for administration according to law and improving administrative efficiency. The new implementation method clearly divides the punishment procedure into complaints, case filing, investigation, submission of investigation reports, prior notification, submission of review reports, and decision making. At the same time, implementation procedures for sampling evidence collection and evidence registration and preservation are implemented in the implementation method. And the procedures for handling confiscated infringements, materials, tools, and equipment used to produce infringing goods are also clearly stipulated.

The third is to strengthen the law enforcement methods of administrative law enforcement within the relevant legal framework according to the needs of actual law enforcement work. The new implementation measures have added provisions that law enforcement officers can take "emergency measures" to stop infringements in a timely manner and prevent the loss of infringing items when they find that illegal activities are being implemented during the law enforcement process and the situation is too late to open the case.

Fourth, the relevant provisions of the Copyright Law and the Administrative Penalty Law have been further refined to facilitate the specific grasp and operation of the copyright administrative law enforcement agency in the law enforcement practice. For example, detailed provisions have been made on the grasp of "serious acts" in law enforcement, the "hearing amount" for administrative penalties, and the jurisdiction over copyright infringement cases.

The revision and promulgation of the implementation measures will play a very important role in improving the level of law-based administration, strict law enforcement, and overcoming the phenomenon of weak law enforcement.

The new implementation measures will come into effect on September 1 this year.