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	OPINIONS OF THE NATIONAL COPYRIGHT ADMINISTRATION ON DIFFICULTY OF CALCULATING ILLEGAL OPERATIONAL PROCEEDS FROM COPYRIGHT

	(No. 28 [2003] of the National Copyright Administration promulgated on July 18, 2003)


SUBJECT : COPYRIGHT; PROCEEDS CALCULATION
ISSUING DEPARTMENT : NATIONAL COPYRIGHT ADMINISTRATION OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 07/18/2003
IMPLEMENT DATE : 07/18/2003
LENGTH : 150 words
TEXT :

Regarding request for instruction on difficulty of calculating the illegal operational proceeds from copyright, after deliberation, we hereby advises as follows:

I. "Being difficult to calculate the illegal operational proceeds" mentioned in Article 36 of the Regulation on the Implementation of the Copyright Law refers to the circumstance under which the tort violators do not provide or fail to truthfully or effectively provide the information (including documents, records, suppliers, etc.) for verifying their illegal operational proceeds, and the administrative department of copyright is unable to verify their illegal operational proceeds.

II. As to the circumstance stated by your Bureau, we consider that you may apply the provisions in Article 36 of the Regulation on the Implementation of the Copyright Law on "being difficult to calculate the illegal operational proceeds".

III. The amount of "not more than 100,000 Yuan" mentioned in Article 36 of the Copyright Law shall include 100,000 Yuan.