Content review and copyright protection in China after the 2009 U.S. v. China WTO panel ruling

• Main Authors: ZHANG, Weijun, LI, Yanbing
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2015
• Subjects: Asian Studies; Intellectual Property Law
• Online Access: https://ink.library.smu.edu.sg/sol_research/1772
• Institution: Singapore Management University

China has always maintained relatively-strict content censorship and has prohibited works with illicit or immoral content (offending works) from publication and dissemination. This article examines and compares UK, U.S., and German practices, and whether such works are copyright-able, and if so, to what extent they are protected by Chinese copyright law. In particular, it focuses on the implications of the revised Chinese Copyright Law of 2010 pursuant to the ruling of the WTO Dispute Settlement Body (DSB) of 2009 in the dispute, China Measures Affecting the Protection and Enforcement of Intellectual Property Rights, as well as the effective protection and remedies available with respect to foreign works against copyright infringements, which have already been published or disseminated in China, but without a successful completion of the required content review.