CHINA Law and Practice Contributed by: Chuanhong Long, Bin Zhang, Cuicui Liang and Lei Fu, CCPIT Patent and Trademark Law Office
3.7 Copyright Registration When enforcing copyright in China, a Copyright Registration Certificate issued by the National Copyright Administration of China can prove the prior right of the copyright owner and is accept - ed 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 Copy - right 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 Copyright Convention is commonly used inter - nationally, that is, © indicates that the work is protected by copyright. The copyright mark must be prominently displayed on the work. Howev - er, 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 copyright authorities. 3.9 Refusal of Registration The CPCC and some competent copyright authorities are in charge of copyright registra - tion. 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 cor - recting the information and documents.
published within 50 years after its completion, it will no longer be protected. If the copyright belongs to a natural person instead of a legal entity, the protection period will be the lifetime of the author and 50 years after their death, expiring on 31 December of the 50th year after their death. In the case of a work of joint authorship, the protection term will expire on 31 December of the 50th year after the death of the last surviving author. There is an exception regarding audio-visual works – no matter whether the copyright belongs to a natural person or a legal entity, the term of protection is 50 years, expiring on 31 Decem - ber of the 50th year after the first publication of such work. If the work is not published within 50 years after its completion, it will no longer be protected. The rights of authorship, alteration 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 administration 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.
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