Proof of prior copyright ownership for logos and stylized version of word marks can come in very handy, both in oppositions against infringing trademarks and against counterfeits bearing those marks – particularly where the rights holder has a registration for the logo/stylized mark. Although copyright is typically protected immediately upon the work’s creation, it is strongly recommended that rights holders obtain a Chinese copyright registration certificate for relevant works. Applications can be filed with the Copyright Protection Centre of China (under the National Copyright Administration) and obtained quite quickly – usually within one to two working days (with payment of a surcharge) where expedited processing is required. Enforcement without a registration certificate usually proves difficult, as extrinsic evidence of ownership must be translated, legalized and notarized.
HongFangLaw can help clients to proceed with copyright protection, including but not limited to obtain copyright registrations of works and computer software and record copyright contracts with our professional knowledge.