Chinese Intellectual Property and Technology Laws
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Chinese Intellectual Property and Technology Laws

Edited by Rohan Kariyawasam

Written by some of China’s leading academic experts and with a foreword by the former Chief Justice of the IP Tribunal of China’s Supreme People’s Court, this book combines for the very first time a review of both Chinese intellectual property and technology laws in a single volume in English.
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Chapter 15: Telecommunications and the Internet

Rohan Kariyawasam


Rohan Kariyawasam1 15.1. INTRODUCTION This chapter discusses the current regulation of telecommunications and internet networks in China. The chapter looks at the regulation of the network itself in China and attempts to provide a snapshot of the main regulations impacting the delivery of electronic material over digital networks, and therefore combines a discussion of both the regulations on networks and to some extent content, such as regarding broadcasting and electronic commerce. At the time of writing, China is yet to agree amendments to the PRC’s Telecommunications Regulations 2000 (effective 25 September 2000). The Financial and Economic Committee of the National People’s Congress (NPC) has already submitted the latest draft of a new telecoms law to the State Council, and therefore, the discussion of telecoms in this chapter is written bearing this in mind. There may be many changes ahead given the complex political and economic status of telecommunications in China. The focus of network infrastructure regulation is on aspects of the digital network that looks to deliver new content services, such as IPTV (TV over internet networks) and mobile TV, where there is overlap between infrastructure regulation and content regulation (viz. broadcasting). Section 15.2 provides an overview of the Chinese telecoms market. Section 15.3 discusses the current Telecommunications Regulations with a focus on licensing, and particularly the Ministry of Industry and Information Technology’s (MIIT’s) Measures on the Administration of Licensing for Telecommunication Services Business (effective 10 April 2009),2 and interconnection, and clarifying the status of the Telecommunications Regulations within...

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