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Xie Huijia

The evolution of criminal liability for copyright infringement in China has been more the result of external pressure from developed countries led by the United States, than an initiation pushed by domestic efforts to protect intellectual property. Empirical research of criminal copyright infringement in China has found the actual implementation of the relevant laws unsatisfactory. China should strengthen the enforcement of its criminal copyright infringement laws, and intensify its fight against online criminal piracy as well as criminal offences committed by entities. The addition of ‘the actual loss suffered by the rights holder’ to the criteria for conviction and sentencing, the reduction of the application of probation to copyright infringement crimes and an increase in the amount of criminal fines, are embodiments of such efforts.