Understanding China’s copyright laws is essential for creators and businesses aiming to safeguard their intellectual property. This guide provides detailed insights into the copyright legal system in China, including registration processes, applicable fees, and protection durations.
Overview of China’s Copyright Legal Framework
China’s copyright legal framework has undergone significant evolution in recent decades, reflecting the nation’s growing prominence in the global economy and the increasing importance of IPR.
1. Domestic Copyright Laws
China’s copyright system is governed by the Copyright Law of the People’s Republic of China, initially enacted in 1990 and amended in 2001, 2010, and most recently in 2021. The 2021 amendments defined a “work” as “an intellectual achievement that is original in literature, art, and science and can be expressed in a certain form” to leave room for new forms of work, and increased the maximum damages for statutory damages to 5 million RMB, with provisions for punitive damages.
2. International Copyright Laws
- The Berne Convention for the Protection of Literary and Artistic Works: This landmark treaty establishes minimum standards for copyright protection among member countries, ensuring that creators’ rights are respected across national borders.
- The World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS): This agreement sets minimum standards for copyright protection and enforcement,
Enforcement of Copyright in China
Enforcement mechanisms within China are robust and include administrative, civil, and criminal channels. Rights holders can pursue the following avenues:
- Administrative Enforcement: Local copyright offices handle complaints, conduct investigations, and impose penalties.
- Civil Litigation: Courts can grant injunctions, award damages, and order the cessation of infringing activities.
- Criminal Prosecution: Severe copyright infringement cases involving large-scale piracy or counterfeiting may result in criminal penalties, including fines and imprisonment.
Automatic Protection or Registration?
In China, copyright protection is automatic upon creating a work; formal registration is not mandatory.
However, registering your copyright with the Copyright Protection Center of China (CPCC) offers significant advantages, especially when addressing ownership disputes or infringement issues, notably with entities like China Customs or e-commerce platforms such as Alibaba.
Eligibility of Foreign Works for Copyright in China
Foreign authors can secure copyright protection in China under the Berne Convention if they meet any of the following criteria:
- Nationality or Residency: The author is a national or habitual resident of a member country.
- Publication Criteria: The work is first published in China or any member country, or simultaneously in a member and non-member country.
Types of Works Eligible for Copyright Protection
China’s copyright law encompasses a broad spectrum of works, including:
- Written Works: Literary creations such as books, articles, and manuscripts.
- Oral Works: Speeches, lectures, and other verbal expressions.
- Musical and Dramatic Works: Compositions, performances, and theatrical pieces.
- Fine Art and Architectural Works: Paintings, sculptures, and building designs.
- Photographic Works: Artistic and professional photographs.
- Audiovisual Works: Films, videos, and multimedia content.
- Graphic Works and Models: Engineering designs, product blueprints, maps, and technical diagrams.
- Computer Software: Programs and applications.
- Other Intellectual Creations: Works that exhibit originality and creativity.
Procedure for Registering Copyright in China
To register a copyright in China, follow these steps:
- Application Submission: File your application directly with the Copyright Protection Center of China (CPCC).
- Payment of Fees: Upon acceptance, remit the official fees as stipulated by the CPCC.
- Examination Process: The CPCC will review your application for compliance and validity.
- Issuance of Certificate: If approved, you will receive an official copyright registration certificate.
Processing Time for Copyright Applications
The typical processing time for copyright registration in China is approximately 2 to 3 months.
Official Fees for Copyright Registration
For detailed information on the applicable fees, please refer to the CPCC’s official fee schedule.
For the registration for computer software, its official fee is exempted.
Duration of Copyright Protection
The term of copyright protection in China varies based on the nature of the rights holder:
- Individuals: Protection lasts for the author’s lifetime plus 50 years after their death.
- Legal Entities: Protection extends for 50 years from the date of creation. Notably, if the work remains unpublished within this 50-year period, it will no longer be protected.
Further Information
See more about the Overview of Chinese Patent System.
See more about the Trademark System in China.
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