Copyright

Question 1

copyright

Answer 1

a form of intellectual property that protects a creator exclusive right and protects the producers of any original work. Part of any IPR strategy.

Question 2

how to benefit from protection

Answer 2

• intellectual creation od literature, art or science
• original
• presented in certain form (medium)
• not a work prohibited by law

Question 3

Chinese copyright law (amended 2020) includes:

Answer 3

• artistic world
• oral works
• written works
• audio visual works
• computer software (protected also by Patent Law)
• works of fine arts
• photographic works
• graphic works
• other intellectual achievements

Question 4

Chinese copyright law (amended 2020) DOESN’T include:

Answer 4

• laws, regulations, decisions and other documents of a legislative administrative or judicial nature including official translations of those documents
• factual news
• calendars, universal number tables and formulas (but complains of these are protected as to their selection and arrangement of content)

Question 5

Patent law VS Copyright law

Answer 5

• copyright has a longer protection terms
• copyright doesn’t have any mandatory procedural requirements
• copyright allow to automatically protect from the date the work is completed
• copyright offers less protection

Question 6

Software

Answer 6

Includes computer programs and supporting documentations but it must be fixed in some material form. Also protected by the Patent Law.

Question 7

Databases under copyright law

Answer 7

A compilation protected IF it shows original selection or arrangement of the contents.
Also protected by the Patent Law and Anti-unfair Competition Law.

Question 8

Patent Law VS Copyright Law

Answer 8

• copyright: database should be a COMPILATION which is original in its selection or arrangement of contents or data.
• patent: database should provide TECHNICAL SOLUTION which is capable of solving a specific technical problem

Question 9

Other copyright works

Answer 9

• fictional characters
• Tv formats
• sports events (only in the form of original works)
• advertising copy and product labels
• museum exhibitions
• Recipes (if contains description and fixed in a form)
• Perfume, only fixed, not conceptual
• Maps (original drawings = graphic work) BUT positions and toponyms are objective and not copyrightable)

Question 10

Neighboring rights of CCL (derivate works)

Answer 10

Protects the own version of a publication, production, performance or broadcast of existing works.
! = before creating a derivative work, you need to obtain a LICENSE from the creator or the original work