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Title: Impact of the ‘Tomato Garden’ Software Internet Piracy Case on Combating Copyright Infringement in China
Authors: Ma, Zhong-fa
Gao, Wei-na
Keywords: Tomato Garden
Criminal liability
Copyright infringement
Internet piracy
Copyright protection
Issue Date: Jan-2012
Publisher: NISCAIR-CSIR, India
Abstract: The Tomato Garden software Internet piracy case, concerning criminal liability of copyright infringement has been widely discussed and the trial and judgment of the case have significantly influenced the legal system of combating copyright infringement in China, especially through information network. Prior to this case, there had been several provisions on criminal liability of copyright infringement in different laws and judicial interpretations on copyright protection, among which Article 217 of the Criminal Law was the most important one; but the contents of these provisions were vague and flexible, and it was a great challenge for the court to try copyright infringement cases. However, the Court of Huqiu District achieved great success in dealing with the Tomato Garden case and some of the views and decisions in the case were incorporated in the Opinions on Several Issues Relating to Application of Law to Handling of Criminal Cases of Intellectual Property Infringement (2011), which may be regarded as a crucial step in consummating the legal system of copyright protection in China.
Page(s): 27-36
CC License:  CC Attribution-Noncommercial-No Derivative Works 2.5 India
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Source:JIPR Vol.17(1) [January 2012]

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