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China Copyright Application Features

Updated:2018-4-12 16:04:39    Source:www.tannet-group.comViews:206

China copyright application has certain features. In China, when filling in the application form, the applicant shall indicate the type of ownership of the copyright, which is different under different circumstances according to the provisions of the Copyright Law of the People’s Republic of China. For example, copyright in a work generally belongs to its author (one or more individuals); however, in the case that a work is created under the auspices and according to the intention of a legal entity, which bears responsibility for the work, the copyright in the work shall belong to the legal entity; as to the work created in the course of employment or under commission, the ownership of the copyright can be agreed upon in a contract between the employer and the employee or between the commissioning party and the commissioned party.

The term of protection of the copyright in a work under different types of ownership is also different. In respect of a work in which the copyright is enjoyed by an individual, the term of protection of the property rights is the ‘life plus 50 years’, expiring on December 31 of the 50th year after the author’s death. For works in which the copyright is owned by a legal entity, the term of protection shall be 50 years, expiring on December 31 of the 50th year after the first publication of the work.

When filling in the application form, the applicant also needs to provide the date of the completion of the work and the date of the first publication if it has been published. In case the applicant has difficulty in providing an accurate date of the completion of the work, a vague date like ‘2008’ can be accepted.

The date of the first publication must be an accurate date such as “May 1, 2006”. In practice, the vague date of completion shall be deemed to be the last date of that year, e.g., December 31, or the last date of that month, e.g., October 31, 2005. In such a case, the presumed date of completion would be later than the date of the first publication. The applicant will need to watch out for such a problem.

When copyright of a work is acquired through assignment, the applicant shall not apply for the copyright registration, but the copyright contract recordation. When applying for the copyright contract recordation, instead of the date of the completion and the date of the first publication, only the date of the assignment will be recorded on the Registration Certificate.

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