The Copyright Law of China was enacted in 1990. In November 2020, China passed its third amendment.
In the third amendment to the Copyright Law focuses on increasing the severity of punishment against copyright infringement.
For example, the new amendment provide that the administration may impose fines on infringers, the amount of fines is one to five times the revenue generated by the infringement.
From civil case view point, the cap amount of damages for copyright infringement is also increased. If it is difficult to determine the actual losses of the right holder, the court can determine the amount of damages payable by the infringer based on a reasonable multiple of the license fees, i.e. 1- 5 times. if the license fees are also difficult to determine, the damages can be determined at the discretion of the court which could be upto CNY 5 million.
