The Basics of Copyright Protection in China

Earlier this week, China and the United Kingdom have signed a bilateral agreement to accelerate the filing of patents in China. This recent development has encouraged many of my friends’ to know more about the patent, trademark, and copyright laws in China. 

China’s laws on IP protection is not radically different from other countries’, but many people that I know are still hesitant about doing business in the country. To bring light to the Chinese IP protection landscape, I will start discussing about the IP basics in the country. Let’s start with copyright protection.

So what are those works that China protect?

Literary works

Oral works

Choreographic works

Fine arts

Architectural designs

Photography

Cinematographic works

Computer software

Maps

Technical drawings

What copyrights are protected in China?

China’s copyright laws protect the right of:

Authorship

Alteration

Publication

Protection against distortion

Leasing

Reproduction

Exhibition

Performance

Broadcast

Distribution over an information network (such as the internet)

Adaptation

Translation

Compilation and annotation

A work has to be published first in China before it can be registered for copyright protection. In order for that right to be granted, the National Copyright Administration must first verify that the work is original. As with the rest of the world, originality is the primarily requirement for the granting of copyright in China.

Is registration necessary?

Registration with the National Copyright Administration (NCA) is not necessary in order to obtain protection. However, it is best for companies to volunteer registration with NCA. If the need for enforce copyright arises, the registration will serve as an evidence of ownership.

What are the best ways to protect copyright in China?

Incorporating copyright protection in contracts – Include copyright protection in your contract before doing business with an individual or organization in China. Make sure that this copyright clause does not expire even after your business terms have ended.

Know which best actions to take if an infringement happens – There are many ways to enforce your rights. These include (but may not be limited to): raids, product seizures, and civil suit.

Acquire professional advice – Professional advice is extremely important from the protection to the enforcement of your rights. As copyright circumstances can vary greatly, there is no single rule that will work best for everyone.

This is why the advice of a local law firm is indispensible. They can assess best the appropriate level of protection and method of enforcement for your rights. Moreover, they can also help in accelerating the registration of your copyright.