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Chinese Copyright Registration

As in many other countries, copyright  registration is a voluntary procedure in China. Copyright shall exist from the  date on which the creation of a work has been completed or from the date on which  the development of a software product has been completed.
When applying for copyright registration  with the Copyright Protection Center of China (CPCC), there are two kinds of  registration: for the original state of the rights, and for change of rights.
Copyright registration for the original  state of the rights is referred to as “copyright registration”. The registered  information mainly includes the title of the work, name of the author, name of  the copyright owner, date of completion and date of the first publication, etc.  The copyright registration applies only to the original acquisition of a  copyright, not to the acquisition of a copyright through assignment.
Registration for change of rights, also  referred to as “copyright contract recordation”, includes contract recordation  for copyright assignment and contract recordation for licensing. The recorded  information mainly includes the title of the work, names of the  assigner/licensor and assignee/licensee, the rights that have been transferred,  the date of the assignment, or the manner of exploitation, territory and  duration of the licence. The registration is not a premise of the effectiveness  of the assignment/licence.
In order to apply for a copyright  registration in China, the following documents are required.

  • Application       form, which shall be filled through the online system of CPCC;
  • Sample       of the work/source program of the software;
  • Description       of the work/instructions of the software in Chinese;
  • Proof       of identity of applicant. If the applicant is an individual, a copy of the       ID or passport shall be provided; if the applicant is an entity, a copy of       the certificate of incorporation/business registration shall be provided.       For copyright registration for software, the copy of the certificate of       incorporation/business registration of a foreign entity shall be notarised       by the notary or legalised by the Chinese Embassy in the foreign country;
  • Proof       of ownership, such as a copy of the contract between the author and the       applicant in the case that the author is not the copyright owner, or other       relevant documents, such as a statement made by the author; and
  • Power       of attorney, which shall be provided if the copyright registration is       filed through an agent.
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