CHINA Law and Practice Contributed by: Chuanhong Long, Bin Zhang, Cuicui Liang and Lei Fu, CCPIT Patent and Trademark Law Office
3.9 Refusal of Registration The CPCC and some competent copyright authori - ties are in charge of copyright registration. Incomplete or inaccurate submission of documents may result in rejection of a copyright registration, but an applicant may resubmit their documents to the CPCC and the competent copyright authorities after completing or correcting the information and documents. 3.10 Related Rights If a work is created by an author, no matter whether it is published or registered, the work will enjoy the pro - tection of copyright. Trade mark protection generally adopts the principle of registration protection. Trade mark registration is not the only way to obtain a trade mark right. The wide prior use of a trade mark can also be protected in China, but the protection is not as broad as that of a registered trade mark. The first-to-file principle is mainly used in China. Trade dress is not a stipulated type of trade mark in China. If a trade mark is considered as lacking distinc - tiveness, it can still be approved for registration if it can be proved that the mark has acquired secondary meaning. 4.2 Trade Mark Register Trade mark applications should be filed with the China National Intellectual Property Administration (CNIPA), the only trade mark register in China. The CNIPA has an online database which is available to the public. It is normal and necessary to conduct a search for pri - or-filed or registered trade marks, so that the applicant can take action against possible obstacles in advance of filing. The examination period is very short, and it is decreasing, so it may be too late to take action after an application has been rejected by the CNIPA. 4. Trade Mark Registrations and Applications 4.1 Trade Mark Registration Marks that are already in use but not yet filed with the CNIPA cannot be located through a trade mark search. The CNIPA can do a trade mark search for
longer be protected. The rights of authorship, altera - tion and integrity of an author are unlimited in time. 3.6 Collective Rights Management Systems The Regulation on the Collective Administration of Copyright states that the following activities must be carried out by the organisations for collective admin - istration of copyright in their respective own names upon authorisation of the obligees, so as to exercise the obligees’ relevant rights in a centralised way: • concluding a licence contract of copyright or of a copyright-related right with the user; • charging royalties from the user; • transferring royalties to the obligee; and • participating in litigation or arbitration, etc, that involves copyright or a copyright-related right. 3.7 Copyright Registration When enforcing copyright in China, a Copyright Reg - istration Certificate issued by the National Copyright Administration of China can prove the prior right of the copyright owner and is accepted by the Chinese enforcement authorities and courts. Copyright registration is not compulsory; it depends on how the copyright owners intend to exploit and save their copyright. The Copyright Protection Centre of China (CPCC) and competent copyright authorities are in charge of copyright registration. Every copyright owner can apply to register their copyright. The copyright mark stipulated in the Universal Copy - right Convention is commonly used internationally, that is, © indicates that the work is protected by cop - yright. The copyright mark must be prominently dis - played on the work. However, in most countries, the copyright protection of a work does not depend on the presence or absence of a copyright mark, and China does not mandate that a work must have a copyright mark in order to be protected. 3.8 Copyright Application Requirements Guidance on the application procedures can be found on the official websites of the CPCC and other copy - right authorities.
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