중국 저작권법의 손해배상제도에 관한 고찰

Abstract

China has laid out the importance of intellectual property rights in the next-generation market economy and stressed the need to strengthen the protection of intellectual property rights. Thus, the Copyright Act was officially revised in 2011. After revising the draft revision three times in 2012, the revision was announced in 2014. As one of the main contents of the revision, the Act also enhanced the method for calculating the amount of copyright damages in order to strengthen the protection of copyrights. A new provision has been established that the rights of the right-hand person, speaking in our copyright law, can claim damages equivalent to the amount usually received by the exercise of that right. Not only did the statutory damages have been raised from under 500,000 yuan (RMB) to less than 1 million yuan (RMB), but also punitive damages have been introduced in copyright laws, such as the Chinese Trademark Act and the Patent Act. In this paper, I analyzed the Chinese copyright damages system and reviewed the disputed parts to consider the direction of strengthening copyright protection in China.