|Date: September 8, 2021|
|Time: 17:00–18:30 (Japan Time)|
|Theme: Copyright Damages in China and Japan|
Venue: Online (ZOOM Webinar)
Language: English, Japanese and Chinese (simultaneous translation)
Moderators: Prof. CUI Guobin (Tsinghua University)
Prof. Christoph Rademacher (Waseda University)
Panelists: Prof. ZHANG Guangliang (Renmin University)
Prof. JIANG Ge (Tsinghua University)
Prof. TAMURA Yoshiyuki (University of Tokyo)
Prof. UENO Tatsuhiro (Waseda University)
|Host: Waseda RCLIP, Waseda University School of Law, Tsinghua University School of Law, and the University of Tokyo Graduate Schools of Law and Politics (Kaken 18H05216)|
|Participation fee: Free|
Calibrating an appropriate set of remedies is an important feature in providing creators with the right level of copyright protection. Both Japanese and Chinese copyright law damages doctrine have been derived from the German-continental law compensation concept. Under such concept, a copyright owner should be compensated for infringement in a way that restores the situation that would exist but for the infringement. That said, additional damages elements such as enhanced or punitive damages that would deter or punish the infringer and that would allow the copyright holder to recoup damages beyond what is necessary to restore the but-for-infringement situation are difficult to justify under a rigid reading of such concept.
Against such background, commentators and policy makers have been arguing for the introduction of enhanced damages in Japanese copyright law for a number of years. Jurisdictions around Japan have moved ahead and introduced certain types of enhanced damages. A particularly prominent and important example is the Peoples Republic of China, that introduced the concept of enhanced damages into its copyright law in June 2021. During this seminar, renowned experts from China and Japan will discuss law reform efforts and present their view on damages statute and its appropriate application in their own jurisdiction, and exchange thoughts and opinions on the appropriate level of compensation that copyright owners deserve in case of copyright infringement.