China’s protection of intellectual property is one of the key concerns of foreign companies doing business in the Chinese media industry. This Intellectual Property guide analyzes the recent development of China’s young, but increasingly comprehensive, intellectual property regime, with a focus on copyright protection for various types of media works. Key issues addressed include registration procedures, types of works that can be protected, scope of rights, enforcement of rights and infringement penalties. This guide includes the full text of key regulations in English, as translated by TransAsia Lawyers. Written by experienced lawyers with over two decades of experience and endorsed by Chinese government officials, this guide is a vital-source for firms and individuals interested in the development of intellectual property in China.
The international media and entertainment industry has been able to flourish under the legal protections conferred by copyright and other intellectual property rights. In contrast, the concept of intellectual property was foreign to China's domestic industries until the 1990s. China's intellectual property protection regime is modeled in part on international treaties and foreign legislation, and yet is tailored to address China's unique culture and political structure.
With the rapid development of domestic creative industries, the logical and ideal expectation is that the degree of copyright law enforcement will increase in order to safeguard the interests of copyright owners in China, both foreign and Chinese alike. However, the piracy rate for DVDs, CDs and other audiovisual products in China remains high; and pirated music and movies are endemic on the Internet. While the Chinese government has done a commendable job putting the foundations for a robust intellectual property regime in place, the actual enforcement of intellectual property legislation remains a concern.
This guide provides analysis on the copyright legislations and the types of rights protected (such as authors, broadcasters, performers, producers, collective rights management and the internet), the exceptions to those rights, copyright ownership and transfer, and unprotected subject matters.
Intellectual Property is part of the China’s Media & Entertainment Law series, the first and only authoritative guide on the media and entertainment industry in China. The series is endorsed by China’s State Administration of Radio, Film & Television, and supported by the State Administration for Industry & Commerce, the General Administration of Press & Publication and the PRC Ministry of Culture.
This guide includes an online access to download the original Chinese texts of key regulations, along with additional content such as updated regulations, TransAsia news flashes and translations of PRC government policies.