Copyright law of the people's republic of china

  • How do I copyright a book in China?

    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 (hereafter as “Berne Convention”)..

  • Is copyright automatic in China?

    China is a signatory to the Berne Convention and other international intellectual property (IP) treaties, so copyright in China automatically arises when an original work is created..

  • Is there a copyright law in China?

    In 1990, China enacted its first modern copyright law, which was revised in 2001 and 2010 to address emerging issues in the digital age.
    The current Chinese copyright law provides protection for a wide range of works, including literary, artistic, musical, and cinematographic works..

  • What is Article 4 of China's copyright law?

    Article 4 Copyright owners, in exercising their copyright, shall not violate the Constitution or laws or prejudice the public interests.
    The State shall supervise and manage the publication or distribution of works, in accordance with the law..

  • What is China's copyright law?

    The law grants exclusive rights to the copyright owner, including the right to reproduce, distribute, perform, and display the work.
    The law also provides for moral rights, which protect the author's reputation and the integrity of the work..

  • What is the copyright law of People's Republic of China 1990?

    1990 COPYRIGHT LAW OF THE P.R.C.
    helps explain the limited protection of authors' economic rights.
    The majority of Chinese writers and artists are employees of official working units and receive fixed salaries, and thus do not rely on income from their copyrighted works for support..

  • Because Chinese patent law is that in order to have your copyright protected you have to file your patent in China.
    So if the copycats are quick enough they can file the patent before you, or simply not do so and copy your product.
  • In China, the copyright registration procedure follows a voluntary principle and can be done on your own without the assistance of an agent (as opposed to trade mark or patent registration, when foreigners must hire a local agency to proceed).
  • In criminal cases, evidentiary standards are extremely high.
    Criteria for criminal infringements can be unclear, and the lack of expertise in the judicial system can make it challenging to enforce intellectual property infringements in China.
Article 21 The term of protection for the right of publication and the rights referred to in Article l0, paragraphs (5) to (17), of this Law in respect of a work of a citizen shall be the lifetime of the author and fifty years after his death, and expires on 31 December of the fiftieth year after the death of the
Like in Europe, copyright arises in China as soon as an original work is created, even in most cases where the work is created outside of China. Copyright arises on the date the original work is created.

Chapter I General Provisions

Article 1 ⁠This Law is enacted, in accordance with the Constitution, for the purpose of protecting the copyright of authors in their literary, artistic and scientific works and the rights and interests related to copyright, encouraging the creation and dissemination of works conducive to the building of a socialist society that is advanced ethicall.

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Chapter II Copyright

Section 1 Copyright Owners and Their Rights

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Chapter IV Copyright-Related Rights

Section 1 Publication of Books, Newspapers and Periodicals

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Chapter V Protection of Copyright and Copyright-Related Rights

Article 49 ⁠In order to protect copyright and copyright-related rights, the right owner may take technical measures. ⁠Without permission of the right owner, no organization or individual shall intentionally circumvent or destroy the technological measures, or manufacture, import or provide the relevant devices or components to the public for the pu.

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Do foreigners and stateless people have copyright rights in China?

Works of foreigners and stateless persons are protected by this law and enjoy copyrights on the basis of agreements concluded with China by their authors' country of nationality or their country of habitual residence, or international treaties in which they participate together.

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When does China's copyright law come into force?

China:

  • The Decision of November 11
  • 2020
  • of the Standing Committee of the National People's Congress on Amending the Copyright Law of the People's Republic of China entered into force on June 1
  • 2021.
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    Who is protected by copyright?

    The rights of copyright owners, publishers, performers, producers of sound recordings and video recordings, radio stations and television stations as provided in this Law of which the term of protection specified in this Law has not yet expired on the date this Law goes into effect, shall be protected in accordance with this Law.


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