Copyright registration in China - a powerful tool

What is Copyright?

Copyright serves as a facet of intellectual property safeguarding literary, dramatic, musical, and artistic works, among other creations, granting creators authority over how their "works" are utilized. For trademark proprietors, copyright automatically extends to stylized wordmarks, logos, and symbols.

Copyright is an automatic entitlement, meaning it materializes as soon as a work is generated. In Australia, there's no formal copyright registration system. Australia, similar to China, is a participant in the Berne Convention for the Protection of Literary and Artistic Works, which grants automatic copyright protection to owners.

Unlike Australia, China offers a procedure for official copyright registration via the Copyright Protection Center of China (CPCC). When a copyright registration application is submitted and subsequently approved, CPCC issues the copyright holder an official Certificate of Registration of Copyright.

So, why should copyright be registered in China when it's automatic?

Several compelling reasons exist for registering copyright for your stylized mark or logo in China, with the primary ones being:

• Enhanced Protection: Copyright registration can furnish some degree of protection for your logo or design in cases where you've been unable to secure trademark registration in China.
• Legal Proof: Copyright registration serves as concrete evidence of copyright ownership in legal proceedings within China. Without copyright registration, foreign copyright holders must procure legalized documents to prove copyright, a time-consuming and costly process.
• E-commerce Defense: Copyright registration aids in enforcing copyright on e-commerce platforms, including Alibaba and JD.com.
• Trademark Rights: Copyright registration can be employed as proof of prior rights in trademark oppositions and cancellation proceedings. For instance, it can be valuable when countering bad-faith trademark applications by trademark squatters.
• Customs Assistance: The Copyright Registration Certificate can be presented to Chinese customs authorities to facilitate the prevention of infringing goods from entering or exiting China.
• Efficiency and Cost-Effectiveness: The process of registering copyright in China is relatively swift, taking approximately three months, and cost-efficient.

Key Takeaway

Copyright registration in China constitutes a valuable asset for safeguarding your brand in the Chinese market. Given its cost-effectiveness and speedy processing, we recommend exploring this option for all brand owners seeking to secure their rights in China.

If you are interested in pursuing copyright registration in China, feel free to reach out to one of our lawyers for further guidance.