International Copyrights

Taiwan Copyright
International Copyright
 
 
 
 
 
 

Source:
 
Contents
1. What can I register a copyright in China?
2. What is the process of registering a copyright in China?
3. What are the reasons why copyright registration may be refused?
4. How long is the copyright protection?
5. Conclusion
 
1. What can I register a copyright in China?
According to Article 2 of the People's Republic of China Copyright Law, "the works of Chinese citizens, legal persons or other organizations, regardless of whether they are published or not, shall enjoy copyright in accordance with this Law". Therefore, regardless of whether the work is published or registered, the author enjoys copyright. However, there are still examination rules in the copyright registration process, and if the provisions are violated, they need to be corrected, and if they are not corrected or cannot be corrected, they will not be able to obtain copyright registration.
 
(1) Subject:
A. Enterprise
B. Individuals
C. Both the enterprise and the individual are registered as copyright owners.

◆ When two or more copyright owners submit an application for copyright registration, they need to submit a cooperative development agreement stamped or signed by multiple copyright owners, which states that the software is jointly developed by multiple parties and the copyright is shared by multiple parties, and the time of signing the cooperative development agreement shall be before the date of completion of the creation of the software or work.
 
 ◆ Commissioned developer: If the software or work is developed due to entrustment, it is necessary to submit the entrusted development agreement, indicating that the copyright belongs to the copyright owner who fills in the copyright registration, and if the entrusted development agreement does not specify the ownership of the copyright, according to Article 17 of the Copyright Law, the copyright belongs to the entrusted person.
 
At the same time, if it is stated that the copyright belongs to the client, since the personal right cannot be transferred, the trustee, as the author of the development software or design work, enjoys the right of authorship, and other property rights belong to the copyright owner of the copyright registration application.
 
(2) Subject:
  • written works;
  • oral works;
  • music, drama, opera, dance, acrobatic art;
  • works of fine arts and architecture;
  • photographic works;
  • cinematographic works and works created in a manner similar to that of filmmaking;
  • engineering design drawings, product design drawings, maps, schematic drawings and other graphic works and model works;
  • computer software;
  • Other works provided for by laws and administrative regulations.
 
2. What is the process and information required for registering a copyright in China?
(1) Procedures for registering copyrights
 
 
(2) Documents required for copyright registration
  • Application form for copyright registration of works;
  • A copy of the applicant's identification document:
  • Proof of ownership of rights;
  • A sample of the work;
  • Description of the work;
  • When entrusting another person to apply on behalf of the applicant, the agent shall submit the applicant's power of attorney and a copy of the agent's identity document.
 
3. What are the reasons why copyright registration may be refused?
  • Not original and creative;
  • Incomplete or unsatisfactory application materials;
  • The work infringes the copyright of another;
  • Works do not fall within the scope of registrability (e.g. facts, news, common-sense content).
 
4. How long is the copyright protection?
Company worksDecember 31, fiftieth year after the work was first published
People's WorksThe author lived his life and fifty years after his death
 




5. Conclusion
Our lawyers, agents and experts in our law firm's team have extensive experience in filing, litigation for infringement and protection of copyrights. We, Lewis & Davis Patent Attorneys Office, can provide the safest protection for your copyright.

If you would like to know more about intellectual property protection, please contact us.
 
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