The National Copyright Administration of China ("NCAC") released the Guidelines for Filing Administrative Complaints Concerning Copyright on 29 April 2006 that set out how these actions can be filed against copyright infringers by the rights holders of copyrights and other interested parties.
The key features of these Guidelines are as follows:
1. Parties eligible for filing the complaints. Rights holders of the copyright being infringed, exclusive users of the copyright, and any other interested parties may file administrative complaints with NCAC branches. 2. Jurisdiction. Upon discovering infringing activities, complaints can be filed with the NCAC branches having jurisdiction over the places where the infringement activities are carried out or where the results of the infringement take place, the latter including where the infringing copies are stored or seized, where the infringing website's servers are located, and the domicile or major business place of the party hosting such infringing website. 3. Administrative enforcement actions. Upon receiving the complaints, NCAC branches shall conduct investigations against the infringement activities, and may render the following administrative penalties depending on the seriousness of the infringement: ordering the infringement activities to be stopped; confiscating the illegal gains derived from the infringement; and administrative fines. For more serious infringements, NCAC may confiscate the materials and equipment primarily used for manufacturing the infringing copies. 4. Prima facie evidence. When filing the administrative complaint, application for investigation, prima facie evidence of title and evidence of infringement must be submitted. 5. Statutes of limitations. Administrative complaints must be filed within 2 years after the infringement activities took place.
