In the People’s Republic of China (“China”), foreign businesses frequently encounter copyright infringement ranging from counterfeit goods to unauthorized online distribution.  While the legal process may seem complex to rights holders who are unfamiliar with China’s legal environment, there are three main enforcement mechanisms—civil, administrative, and criminal.  When deployed strategically, these mechanisms not only safeguard intellectual property rights but also send a clear message to infringers that violations will be met with decisive and comprehensive legal consequences.

Chinese law deals with various types of copyright infringement, including unauthorized reproduction or distribution of protected works, plagiarism or publication without consent, unlicensed public performances, creation of derivative works, and rental of protected materials without permission.  Additionally, removing or bypassing copyright protection measures (such as Digital Rights Management, or DRM measures) also constitutes infringement.  Clearly identifying the specific category of infringement is critical when deciding on the best enforcement approach.