The Implementing Measures for the Administrative Punishment on Copyright Infringement were promulgated in 2009 and entered into force on 15 June 2009.

There are 45 articles in total, which aim to regulate the administrative punishment imposed by copyright administrative departments (hereinafter “regulatory authorities”) and protect the legitimate rights and interests of the parties concerned.

The key points are as follows:

1.The regulatory authorities may order the cessation of infringement according to the law and impose the following administrative punishments: (1) warning; (2) fine; (3) confiscation of illegal income; (4) confiscation of infringing products; (5) confiscation of equipment for installing and storing infringing products; (6) confiscation of materials, tools and equipment mainly used for making infringing products; (6) other administrative punishments prescribed by laws, regulations and rules.

2.If the regulatory authorities consider the infringement under investigation to be a crime, they shall transfer the case to the judicial department in accordance with the Provisions on Transfer of Alleged Criminal Cases by Administrative Enforcement Departments (行政执法机关移送涉嫌犯罪案件的规定).