China copyright registration attracts more applicants each year. Copyright is an automatic right, which means the author or creator enjoys the copyright as soon as the original work is completed. Unlike other territorial IP rights, such as trade mark or patent, foreigners copyright is automatically protected in China, as long as the author is from a member state or district of the Berne Convention for the Protection of Literary and Artistic Works.
Requirement on Applicant
Copyright can be registered either by the author of the creative work or by other copyright owners who obtain the right through transfer or inheritance from the author. It is important to note that in the context of employment, the employee who creates a copyright in fulfilling his/her task assigned by the employer has the right of authorship, but the economic rights associated with the copyright belongs to the employer, so the registration shall be filed under the employer’s name. In the case of commissioned works or commissioned computer software development, if no specification on ownership regarding the copyright was set in the commission contract, the commissioned side enjoys the copyright.
Registration Authority
The National Copyright Administration of China (NCAC) authorized the Copyright Protection Centre of China (CPCC) to administrate computer software registration, and the registration of copyrighted works. Some Copyright Bureaus at the local level also have the right to register copyrights filed by local citizens or enterprises.
For foreign rights owners, especially computer software copyright owners, filing with the CPCC is advised. All information given in this guide regarding copyright registration is in line with the CPCC’s requirements. You can submit the application by visiting CPCC’s office in Beijing or posting to them by registered mail or express mail.
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Required Information
Generally, the following materials are need for copyright registration in China:
(1) Application Form;
(2) Identification certificates of the applicant;
(3) Ownership statement;
(4) Power of attorney;
(5) Sample of the work.
Basic Procedures
Step 1: Completing the application form online;
Step 2: After completing the application form online, print it out and sign/affix company’s seal on the printed copy;
Step 3: Hand in or post the registration files to CPCC;
Step 4: The files will be checked by CPCC. If everything in order, then go to next step; if the files don’t meet the requirements, the applicant will be informed to make supplements;
Step 5: Pay the relevant registration fee and get the ‘Notification of Receipt of the Application’;
Step 6: The registration will be examined and approved by CPCC if the application meets the requirements, then go to next step; if not, the applicant will be informed to make modifications;
Step 7: CPCC will issue the certificate for approved registrations and make announcement on its website for public knowledge.
Time-frame
Once the registration files are completed, the applicant will be provided with a receipt. The applicant should expect to receive the registration certificate around 30 working days after completing the application. In case where the documents are incomplete or clarifications are needed, the applicant will have an additional 2-month period to complete the procedure.
Contact Us
If you have further inquires, please do not hesitate to contact Tannet at anytime, anywhere by simply visiting Tannet’s website english.tannet-group.com, or calling Hong Kong hotline at 852-27826888 or China hotline at 86-755-82143422, or emailing to 2355725093@qq.com. You are also welcome to visit our office situated in 16/F, Taiyangdao Bldg 2020, Dongmen Rd South, Luohu, Shenzhen, China.
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