China copyright registration requirements should be met if you want to register a copyright work. In accordance with the Copyright Law of the People’s Republic of China, works of Chinese citizens, legal entities or other organizations, whether published or not, shall enjoy copyright. Any work of a foreigner and stateless person published for the first time and within the territory of China shall enjoy copyright within China in accordance with this Law. Below are the documents needed for registering a copyright in China.
Documents required to obtain a Certificate of Recordal of Copyright
1. An application
This must include samples of the copyright work. Under Chinese copyright law, a work of fine art is protectable by copyright. The courts have held that the work should have originality, that is, express the creator’s creative choice, arrangement and selection. Stylized word marks with a reasonable level of stylization, and logos, labels and devices have been held to be works of fine art.
2. Proof of ownership of the copyright
This may be documentary proof of creation of the work by a third party together with assignment of the copyright. Where a copyright work is commissioned from an author external to the company evidence of the instruction, examples of the work created, and proof of assignment of copyright by Deed of Assignment are the relevant proofs. Where the copyright work is created by an employee, a declaration setting out the employment details, the instruction to the employee, details of the work created, demonstrates ownership of the copyright by the employer.
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3. Description of the work
This type declaration is typically needed where a trade mark has been in long term use, and the documents in (2) above are not available. In this case the business seeking to prove copyright ownership should provide, in declaration form, the purpose of the creation of the work, likely date of creation, proof of publication, historical information about use of the copyright work, being claims and documents in support of an inference of copyright ownership.
4. Proof of identity of the copyright owner
This is a certified copy of the certificate of incorporation of the company claiming copyright ownership, or in the case of an individual, a copy of passport details.
5. Power of Attorney
This is to enable to Chinese attorney to represent the copyright owner in the filing of the application for recordal of copyright and supporting documents before the CPCC.
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 2355735242@qq.com. You are also welcome to visit our office situated in 16/F, Taiyangdao Bldg 2020, Dongmen Rd South, Luohu Dist, Shenzhen, China.
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