MOC Training on Administrative Enforcement of Copyrights Online

Following the training organised in Chengdu in 2014,  IP Key has been invited by Ministry of Culture (MoC) to contribute EU expertise to the 2015 MoC online enforcement training on 31 August in Zhengzhou, Henan Province.  Three experts engaged by IP Key spoke on 31 August to around 110 cultural market enforcement officers from 26 provinces and 17 cities to raise their awareness on the online copyright protection trends in the EU and internationally and more importantly to focus on good practices of case investigation and evidence collection. The training is structured as follows:       

Module 1: Copyright protection trends in the EU and internationally:

• Threats to the creative industries in the digital era, with particular cases related:
  • Music industry: unlicensed websites, deep‐linking, P2P and pirate apps, search engines, etc;
  • Gaming industry: P2P, pre‐load piracy, personal servers, circumvention of technical protection measures;

  • Publishing industry: journal piracy, ebook piracy;

• Approach to enforcement:

  • Understand the technology and commercial model;

  • Find the mastermind; find the primary infringer(s);

  • Understand the knowledge and involvement of the mastermind in the acts of the primary infringer;

  • How to evidence the primary acts of infringement and the knowledge and involvement of the mastermind;

     

• Countermeasures
  • ISP and ICP liability, with a particular review of the graduated response

  • Payment service providers, advertisers;

  • Content recognition and filtering technologies;

  • Limitation and exceptions and how they don’t apply in a public communication context;

• Sample cases

  • Case 1 – Cooper/mp3s4free: links services and ISP liability;

  • Case 2A & 2B – the Rapidshare cases: cyberlocker liability and filtering;

  • Case 3 – the Kino.to case: website blocking;

  • Case 4 – the PC Box case: the use of TPMs

Module 2: Investigation and Collection of Evidence:

• Overview of global and Chinese music market
  • Basic facts of the global record industry;
  • Basic facts of the 2014 Chinese music market;

• Collection and processing of evidence for combating online music piracy
  • Investigation into illegal digital music website and collection of evidences;
  • Characteristics of illegal music downloading, audio‐visual websites and platforms;
  • Measures for combating music piracy (Warning Letter, Administrative complaint);
  • Status quo of online music piracy in China (types of infringement);
  • Current major copyright infringement in China ‐ Collection of evidences from music Apps;

• Measures to combat music piracy and legal basis
  • Criminal enforcement legal basis;
  • Law enforcement coordination system under current Chinese Copyright Law;
  • Cooperation between IFPI and enforcement authorities (international experience of IFPI)

For more information on this activity contact Benoit Misonne (Benoit.misonne@ipkey.org), for general information on IP Key please contact Jaspal Channa (jaspal.channa@ipkey.org).