Have a question about Copyright protection in China? Today’s blog post will provide you an answer. Our China IPR SME Helpdesk expert Mr. Charles Feng from East & Concord Partners based in Beijing has kindly drafted for us a very useful and informative blog post on Copyright Protection in China. In this comprehensive Copyright Guide, presented in Q&A format, you will be able to find answers about how to register Copyright in China, what rights do you have in China and how you can enforce these rights.
1 Copyright Subsistence
1.1 What are the requirements for copyright to subsist in a work?
Article 2 of the Implementing Rule of Copyright Law of PRC provides that work shall refer to original intellectual creations in the literary, artistic and scientific domain, insofar as they are capable of being reproduced in a certain tangible form.
Therefore, a work protectable under the Copyright Law of PRC must be:
- original, which means that the work must be originated by the author rather than copied from any other party; and
- reproducible, which means that the work must be able to be fixed in a tangible form.