Jurisdiction - China
Reports and Analysis
China – Draft Amendment to Copyright Law.

29 April, 2012

 

Legal News & Analysis – Asia Pacific – China – Intellectual Property

 

On March 31, 2012, the National Copyright Administration issued for public comment a draft amendment to the Copyright Law of the People’s Republic of China. The public was permitted to submit comments on the draft until April 30, 2012. The draft provides a definition of “works” and adds “artworks with a practical application” to the list of works that are eligible for copyright protection. It also clarifies that copyright is generated automatically when a work is completed, and that no extra procedures need be performed. The draft permits copyright and related rights holders to register their rights with the relevant government authorities and provides that proof of registration provides preliminary proof of ownership. Copyright owners may license, transfer, pledge or otherwise lawfully use their property rights in a copyright. Under the draft, a written contract must be concluded to transfer or to exclusively license property rights to a copyright, and a registered transfer contract or exclusive license agreement may be enforced against third parties. Copyright administration departments are required to establish mediation commissions to handle copyright-related disputes.  
 
The full Chinese text of the draft amendment is available here.
 

 

For further information, please contact:

 

Elizabeth Cole, Partner, Orrick

ecole@orrick.com
 
Thomas Man, Partner, Orrick
tman@orrick.com
 
Brad Herrold, Orrick
bherrold@orrick.com
 
Veronica Lockyer, Orrick
vlockyer@orrick.com
 
Yan Zeng, Orrick
yzeng@orrick.com

 

 
 

Leave a Reply

You must be logged in to post a comment.