| Commentary

42 China: civil and criminal liability for infringement

| Commentary

42 China: civil and criminal liability for infringement

Order No. 26 creates a number of acts of infringement which may be the subject of civil proceedings which provide remedies such as ceasing the infringement, eliminating the bad effects of the infringement, making an apology and paying compensation for the damage caused. The acts of infringement which create civil liability are1:

  1. 42.1

        publishing a work without the permission of the copyright owner;

  2. 42.2

        publishing a work of joint-authorship as a work created by oneself without the permission of the other joint authors;

  3. 42.3

        having one’s name mentioned in the work of

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