China Copyright
Key Facts
Coverage of copyright protection
Copyright registration system
According to China Copyright Law, the copyright protection covers the following kind of works:
Written works; Oral works; Musical, dramatic, quyi (a traditional Chinese performance art form) and choreographic works; Works of fine art and architecture; Photographic works; Cinematographic, television and video-graphic works; Drawings of engineering designs and product designs, maps, sketches and other graphic works; Computer software; and other works as provided for in law and administrative rules and regulations
Unprotectable works - Laws, regulations, resolutions, decisions and orders of State agencies, other legislative, administrative and judicial documents and their translations thereof
- Current affairs new
- Calendar system, general tables, general forms and formulas
In China, there is a system for registration of copyright administered by the Copyright Protection Centre of China (CPCC). As Copyright is a right that a creator inherently enjoys upon completion of his/her work, registration of such right is not necessary for exercising and enforcing it nationally. However, enforcement will be much easier with a registered copyright as it can be used as a proof and alleviate burden of proof when disputes arise. As such, it is advisable to file a voluntary registration of copyright to valuable works.
Procedure
|
Filing
Application is filed online 7 days
Work submission
Copy of works/necessary documents submitted in paper form 30 days
Issuance of registration certificate
If accepted, a Certificate is issued |
* The time frame shown above indicates average processing time of the CPCC, it can be varied from the actual situation due to the content of application. |
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FAQ
How to obtain copyright protection for works in China?
Copyright is an automatic right that exists upon the creation of the work by an author. Registration is not necessary to obtain such right. However, it is advisable to register copyrights before the Copyright Protection Centre of China (CPCC) as it can be served as very effective evidence of a work’s ownership and copyrights when disputes arise.
How do I register my copyrights in China?
You may submit an application with a copy of your work to the Copyright Protection Centre of China (CPCC) to apply for copyright registration. However, as the requirements for copyright registration vary on type of the work, it is advisable to entrust a qualified agent with this procedure.
We are pleased to assist you on this matter!
Can works of foreign entities be protected in China?
Yes, as China is a signatory to the Berne Convention for the Protection of Literary and Artistic Works, the Paris Convention for the Protection of Industrial Property, or the World Intellectual Property Organization Convention (WIPO) as well as a member of the World Trade Organization (WTO) and signatory of Trade-Related Aspects of Intellectual Property Rights (TRIPs) agreement, China has obligation to protect works of the nationals thereof.
How long does copyright protection last?
- For the rights of authorship, alternation and integrity: No limit
- For the right of reproduction, distribution and publication/author is an individual: lifetime of the author plus 50 years
- For the right of reproduction, distribution and publication/author is a legal entity: 50 years after the first publication of the work
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