In China, the copyright refers to the intellectual achievements that are original in the fields of literature, art and science and can be copied in a tangible form. The work should meet the following conditions:
(1) Originality. That is, the work must be independently conceived and created by the author. Only original works are protected by copyright law.
(2) Reproducibility. That is, one or more copies of the work can be made by printing, copying, rubbing, recording, video, ripping, reverse shooting, etc. But no matter what copying method are used and how many works are copied, none will change the content of the work.
China Copyright Law protects works of:
- natural sciences;
- social sciences;
- engineering and technology created in any forms of written, oral, musical, dramatic, choreographic and acrobatic works;
- works of fine arts and architecture;
- photographic works;
- cinematographic works;
- graphic works;
- computer software;
- and other works by law (Article 3).
According to China Copyright Law, the following cannot be applied for Copyright:
- Laws, regulations, state organs’ resolutions, decisions, orders and other documents with legislative, administrative, judicial nature, and their official translations;
- Current news;
- Calendar, general number table, general table and formula;
- Works beyond the protection period.
when applying for copyright registration of works in China, foreigners or units are in accordance with the principle of national treatment, which is consistent with the registration materials required by Chinese citizens. Foreign language materials must be submitted in Chinese (except for sample works).
It will be completed within 30 working days after the registration agency accepts the registration application. If correction materials are needed, the applicant shall complete the correction within 60 days after receiving the correction notice, and the registration agency shall complete the correction within 30 working days after receiving the correction materials.
- Application Form for Registration of Rights Related to Copyright;
- Applicant’s identification document:
- Proof of ownership of rights;
- Samples of sound recordings, video products, layout designs, and materials that record performances, broadcasts, or TV content;
- When entrusting others to apply on behalf of the agent, the agent shall submit the applicant ’s certificate of authorization and agent identification documents.
It refers to computer programs and related documents.
A computer program refers to a sequence of coded instructions or a sequence of symbolic statements that can achieve a certain function.
The copyright of a natural person’s software is protected for the lifetime of the natural person and 50 years after his death. If the Computer Software is developed in cooperation. The protection ends on December 31 of the 50th year after the death of the last natural person. The Computer Software copyright of legal persons or other organizations shall be protected for 50 years after the first publication of the Computer Software. However, if the Computer Software has not been published within 50 years from the date of completion of development, it will no longer be protected.
atural persons, legal persons, or other organizations that independently develop and complete software, as well as natural persons, legal persons, or other organizations that have contracted, inherited, transferred, or accepted Computer Software copyrights can become copyright owners.
Different versions are different Computer Software works, upgrade software with major changes in Computer Software functions and performance, applicants should re-register if necessary.
It refers to the right that the software copyright owner, within a specific period and geographical area, authorizes the licensee to use one or more of the rights it enjoys. That is to say, the right is exclusive, no one else (including the licensor) can use it except for the licensee.
Provide a copy of the registration of its legal person. After notarization by a local qualified institution, it must be certified by the Chinese embassy or consulate in that country. The notarization includes two aspects: one is that the company is legally and effectively established; the other is that the signature of the company’s legal person is valid. If one of the parties is a legal person in Taiwan, you need to fill in the Taiwan legal person registration certificate and notarize it in a qualified court in Taiwan.
You should go to the Beijing Municipal Bureau of Commerce to register for the technology export contract.
It is recommended that you register copyright, and you can choose copyright registration service for graphic trademarks and artistic font type trademarks. Because after copyright registration and protection, copyright protection can be obtained in all categories and all places of use.
The law expressly stipulates that agencies are not allowed to disclose the user’s registration application information, and the copyright contract contains confidentiality requirements.
The term of copyright protection in China starts from the date when an individual creates his or her work and ends on December 31, the 50th year after the author’s death. The work of a legal person or other organization starts from the date of publication of the work and ends on December 31 of the 50th year after the date of publication. If the work has never been published, and if the work has not been published within 50 years since the creation of the work, the copyright law will no longer protect it.
Clothing design drawings can be applied for copyright protection.
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