What is Copyright?
Copyright is a form of intellectual property that protects literary, dramatic, musical and artistic works amongst other things and allows the creator of the “work” to control how it is used.
For trade mark owners, copyright automatically applies to stylised word trade marks, logos and devices.
Copyright is automatic meaning once the work is created, copyright comes into existence in relation to that work. In Australia, there is no system for copyright registration. Australia (like China) is a party to the Berne Convention for the Protection of Literary and Artistic Works which entitles the owner of the copyright to automatic protection.
Unlike Australia however, China allows for formal copyright registration via the Copyright Protection Center of China (CPCC). Once an application to register copyright is filed and subsequently registered, the CPCC issues the copyright owner with a formal Certificate of Registration of Copyright.
So if copyright is automatic, why register it in China?
The are an number of reasons to register copyright in your stylised mark or logo in China, the main ones being:
- Registration of copyright will provide some rights in your logo or device in cases where you have not been able to successfully register it as a trade mark in China;
- Copyright registration can be used as proof of copyright ownership in legal proceedings in China. Without a copyright registration, a foreign copyright owner must obtain legalised documents proving copyright which is not only time consuming to obtain but also expensive;
- Copyright registration can assist in the enforcement of copyright on e-commerce platforms including Alibaba and JD.com;
- Copyright registration can be used as evidence of prior rights in trade mark oppositions and cancellation proceedings. A good example of where this would be of benefit is in proceedings against bad faith applications filed by trade mark squatters;
- The Copyright Registration Certificate can be lodged with Chinese customs to assist in blocking infringing goods from being imported into or exported from China; and
- The process of registering copyright in China is relatively quick (around 3 months) and low cost.
Take Away
Copyright registration in China can be a valuable tool for the protection of your brand in China and given its low cost and quick turnaround, we suggest this option be explored for all brand owners looking to protect their rights in China.
If you are interested in obtaining registration of copyright in China, get in touch with one of our expert copyright lawyers for further advice.