The State Council of China central government recently amended four administrative regulations concerning intellectual property rights, namely, the Copyright Law Implementing Regulations, the Regulations on the Protection of Right of Dissemination via Information Network, the Computer Software Protection Regulations, and the Regulations on Protection of New Varieties of Plants, respectively raised the amount of administrative fines on infringements or violations specified therein. Among these amended regulations, which will become effective since 1 March 2013, the fines for violations in relation to copyright, dissemination right and new varieties of plants will be raised to between one time and five times of illegal gains or goods value where the illegal gains or goods value surpassed RMB 50,000.00, where the illegal gains or goods value not reached RMB 50,000.00, the cap of fine will be increased to RMB 250,000.00. As for the infringement of computer software, the administrative punishment will be capped at RMB 200,000.00.
These above amendments are a clear signal demonstrating Chinese government’s active attitude in enhancing the enforcement against intellectual property infringement, and correspondingly the momentum of infringements relating to the copyright and right of new plant varieties will be curbed somewhat for sure. Under such circumstances, the infringed parties may consider turning to administrative complaints, as an efficient alternative, for protection and remedies against numerous small-scaled infringers.