Copyright protection in China

Copyright in China protects a wide range of creative works, including:

• literary and artistic works
• software
• photographs
• architectural designs
• engineering drawings and maps
• audiovisual works
• other creative expressions recorded in a tangible form

However, copyright does not protect ideas, methods or algorithms.

Copyright is important for companies operating in various sectors beyond just cultural industries. For example, products that may be eligible for copyright protection include:

• company logos
• pictures of products on websites
• instruction manuals
• brochures
• and packaging designs

Copyright protection is granted automatically upon completion of the work. Most countries including Canada and China, are members of the Berne Convention for the Protection of Literary and Artistic Works. This means that Canadian works are automatically protected in China without registration.

Although copyright protection is automatic, registration in China is highly recommended. A registration certificate issued by the Copyright Protection Center of China (CPCC) serves as strong proof of ownership and helps significantly with enforcement. It also allows rights holders to record their works with China’s Customs authorities to block infringing exports. 

CPCC typically processes applications to register a copyright within 60 days of acceptance. Registration fees range from 0 to 2,000 RMB (approximately CAD 400), depending on the type of work. Once registered, the protection remains valid for the full term of the copyright. In China, this is typically for the lifetime of the author plus 50 years after their death, or 50 years from publication for certain works like films and photographs.

For software copyright registration , companies need to submit some of the software’s source code - usually the first and last 30 pages. However, companies can redact critical parts of the code if they wish. 

• While copyright protection is automatic upon creation, registration with CPCC is highly recommended.
• Companies may own more copyrights than they realize. Companies should conduct a comprehensive audit to understand the rights they own and may be able to leverage as legal tools for market protection.
• Retain drafts, sketches and dated copies of your work as supporting evidence of copyright ownership.
• Once a copyright certificate is issued in China, it is recommended to record it with China’s Customs authorities. This helps prevent the export of counterfeit or infringing goods.
• Regularly monitoring the Chinese market for potential infringements will help you to take timely action and minimize losses.