Copyright Registration
Copyright is granted upon completion of work. A registration certificate is the prima facie evidence of ownership. Sometimes, it also establish prior rights to oppose subsequent trademark or design patent.
Copyright registration can be quite complex. If you have any concerns, feel free to contact us.
Fill out the questionnaire below to start copyright registration process.
If you need additional assistance, check out the "Assistant" section on the right panel.
Assistance
1.1 Title of work
Every work submitted for copyright registration must be given a title to identify that particular work. If the copies or phonorecords of the work bear a title or an identifying phrase that could serve as a title, transcribe that wording completely and exactly in the form.
1.2 Serial Work
There is no clear definition of serial work under the PRC Copyright Law. However, generally serial works are issued or intended to be issued in successive parts bearing numerical or chronological designations, or having similar natures. For example, journals or newspaper is deemed as serial work. Other works, though registerable individually, can be registered as serial works, such as a series of novels.
2.1 Creation
A work is “created” when it is fixed in a copy or phonorecord for the first time. The date you give here should be the year and the place you give here should be the place in which the author completed the particular version for which registration is now being sought, even if other versions exist or if further changes or additions are planned.
2.4 Publication
Publication is generally defined as the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. Give the full date (month, day, year) when, and the city, country where, publication first occurred. If first publication took place simultaneously in the China and other countries, it is sufficient to state “China.”
3.1 Author's name
Author is the person (or legal entity) that complete the works. Most of times, authors are copyright claimant. However, in works-for-hire situation where work is created as directed by the legal entity, even if the actual work is authored by an individual, the legal entity is the author. But there are some other situations where the author transfers the copyrights, then the author still remain as the author while the transferee is the copyright claimant.
3.2 Pseudonymous
An author’s contribution to a work is “pseudonymous” if that author is identified on the copies or phonorecords under a fictitious name. If the author displays its actual name on the work, leave this blank.
3.3 Anonymous
An author’s contribution to a work is “anonymous” if that author is not identified on the copies or phonorecords of the work.
The copyright claimant is either the author of the work or a person or organization to whom the copyright initially belonging to the author has been transferred.
If the copyright claimant is not the initial author, the application for registration must contain a statement of how the claimant obtained ownership of the copyright. The CPCC may require to see certain evidentiary documents to verify the ownership, such as transfer agreement.
5.1 Purpose of creation
Describe why the work was created in the first place.
Example in case of a corporate logo design: "the public image of a company is to a great extent determined by its visual appearance. Therefore, corporate design is of major importance. When modern design is offered on the market this should be made credible by a modern company image. Therefore, since the beginning of 2000 the Company has presented itself using a new visual image which has a distinctive trademark character and which should clearly reflect the values and services of the Company. The Company created this image to be used as its corporate logo."
5.2 Process of creation
Describe how the authors created the work, such as the time, and the tool used.
Example in case of a corporate logo design: "the design initiated in the early 2000. Around 20 people were assigned to perfect the design of the new corporate logo. We use Illustrator and other software to design the logo. It underwent three major revisions before being adopted. "
You should describe the process as detailed as possible.
5.3 Explain the originality
A work must be original in order to be protected the PRC Copyright Law. Describe the originality from the perspective of color, structure, or design.
Example in case of a corporate logo design: "The image is composed of stylistic elements, each of which makes a certain statement. For instance, the strong, constructive lettering stands for solidity while the light grey color prevents too strong an impact. The contrasted red corner stands for innovation. These company logos, when combined in various visual communication media with certain economically used and accurately defined design elements, form a cohesive and convincing system via which we are able to create, maintain and vividly expand an image."
Frequently Asked Questions
Copyright protection derives from completion or publication of works. Registration is not mandatory to qualify a work for copyright protection. However, a certificate of registration can establish prima facie evidence of ownership, which can be widely used during infringement litigation, trademark invalidation/opposition, and administrative enforcement proceedings.
Registration is recommended for key copyrighted material as it provides an additional layer or protection and facilitates more cost-effective enforcement of your copyrights in China should a dispute arise. In China, a great emphasis is placed on having original documentation and proof of ownership. Completing the registration process for your important works will provide you with some additional flexibility in protecting your IPR in China.
30 business days after CPCC issues the Notice of Receipt, extendable if office actions are issued. In practice, CPCC will conduct an information review before issue the Notice of Receipt. It will be advised to budget three to four months to complete the registration.
In respect of a work of a citizen, the term of protection is 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, such term shall expire on December 31 of the fiftieth year after the death of the last surviving author.
In respect of a work of a legal entity or another organization, the term of protection is fifty years, expiring on December 31 of the fiftieth year after the first publication of such a work, however, any such work that has not been published within fifty years after the completion of its creation shall no longer be protected.
The main difference is that copyrights generally apply artistic works such as music CD, a painting on canvas, and a book. The copyright owner can prevent from others from copying and using the work. On the other hand, trademarks are used to protect brand names, slogans and logos for businesses.
Sometimes, the rights can overlap. For example, the designed logo for "Apple" can both be protected under copyright and trademark. However, some sophisticated paintings or graphic designs cannot be registered as a trademark because it lacks distinctiveness.
Make an inquiry for free
Let us know your problems and we will come up with a strategy to help you.
