ALIPO IP ATTORNEYS

SERVICES

Copyright

copyright

The purpose of protecting the copyright of authors in their literary, artistic and scientific works and the rights and interests related to copyright, encouraging the creation and dissemination of works conducive to the building of a socialist society that is advanced ethically and materially, and promoting the progress and flourishing of socialist culture and sciences.

The copyright enjoyed by foreigners or stateless persons in any of their works under an agreement concluded between China and the country to which they belong or in which they have their habitual residences, or under an international treaty to which both countries are parties, shall be protected by China copyright law.

Foreigners and stateless persons whose works are first published in the territory of China shall enjoy the copyright in accordance with China copyright law.

Any work of an author of a country that has not concluded any agreement with China or that is not a party to any international treaty to which China is a party and any work of a stateless person, which is first published in a member country of an international treaty to which China is a party, or simultaneously published in a member country of the treaty and in a non-member country, shall be protected by China copyright Law.

The author of a work shall enjoy copyright upon completion.

The types of copyright

the term "works" includes, among other things, works of literature, art, natural sciences, social sciences, engineering and technology, which are created in any of the following forms:

written works; oral works; musical, dramatic, quyi, choreographic and acrobatic works;(4) works of the fine arts and architecture;(5) photographic works;(6) cinematographic works and works created by a process analogous to cinematography;(7) graphic works such as drawings of engineering designs and product designs, maps and sketches, and model works;(8) computer software; and ;(9) other works as provided for in laws and administrative regulations.

Term of Protection for Economic Rights

No time limit shall be set on the term of protection for an author’s rights of authorship and revision and his right to protect the integrity of his work. 

In respect of a work of a citizen, the term of protection for the right of publication and the rights as provided for in Subparagraph (5) through Subparagraph (17) of the first paragraph in Article 10 of China Copyright Law shall be the lifetime of the author and fifty years after his death, expiring on December 31 of the fiftieth year after his death. In the case of a work of joint authorship, the term shall expire on December 31 of the fiftieth year after the death of the last surviving author.

The purpose to register copyright is to have a public record about the date and content of the work, that will be valuable in the event of litigation, infringement case, or plagiarism.

The registration is conducted through Copyright Protection Center of China to promote research on economic and technological issues, and to cultivate research talents for economic and technological development.

 

Examination

Examination

As the copyright occurs at the completion of works, the registration of copyright only undergoes Formality Examination to check whether the required information is fulfilled. 


 Requirement

  • Name, category and description of works
  • Completion date, first publication date and place
  • Applicant′s information and identification
  • Proof of rights
  • Power of attorney

China-Copyright-Procedure