Copyright is an exclusive right given to the creator of a creative work,
and to protect creator original expression of an idea in the form of a creative work.

What does Copyright protect?

Literature

Music work

Artistic work

Drama Work

Performance

Video

International Treaty

Hong Kong copyright is protected by international treaty, include but not limited to,

  • Berne Convention (Protection is given to 177 countries)

  • Universal Copyright Convention

  • The Phonograms Convention

  • The World Trade Organisation – Agreement on Trade Related Aspects of Intellectual Property Rights

  • The World Intellectual Property Organization (“WIPO”) Copyright Treaty

  • The WIPO Performances and Phonograms Treaty

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Copyright Registration

Registered regions China (Nearest copyright registration region of Hong Kong) , Taiwan, U.S.
Protection Period Author’s lifetime and 50 years after death (Personal application)
Required documents
(include but not limited to)		 1.  Application form
2. Applicant identity documents
3. Sample of the creative work
4. Details of the work
etc…
Application completion time Within 35 days

Advantages of copyright registration

Sale or transfer of copyright

Get license royalties

Ask for money compensation

Apply infringement injunction

Proof of right

Time proof of creation in law suit infringer

What is licensing

Owner can authorize his/her copyright within a specific period and scope, to another party to gain licensing fee, so as to use or reproduce owner’s works.

Noted that owners should pay attention to the authorizing types and the scope of authority, so as to protect the rights of both parties.

Click here to view more information if you are interested in licensing.

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Copyright FAQ

Copyright registration

Q1： Why do I need to register the copyright even though I have registered the trademark?
A1： Trademark registration certificate can only be used as a proof of trademark registration, which identifies specific product or services, whereas copyright protects creator’s work to prove that the work is completed before the registration date. Moreover, copyright registration only takes 35 days for processing, which requires less time than registering trademark. Under the circumstance of the conflict between the copyright and the trademark rights, if the completion time of copyright registration is fastest than that of trademark registration, prior right would be given to copyright so as to protect the work. Should you have any inquiries about trademark registration or copyright registration, please feel free to contact our IP consultant anytime.

Q2： Why do I need to register copyright even though copyright arises automatically when a work is created?
A2： According to the Copyright Ordinances of Hong Kong, copyright arises automatically when a work is created. We suggest that creator should register copyright through official organization in a view to obtaining a solid proof of completion time of your work, no later the registration date. It is particularly useful before you are taking part in an exhibition or your works are to be published to the public.

Creator should also keep all the drafts of his/her work to be the supplementary proof. Should you have any inquiries about copyright registration, please feel free to contact our IP consultant anytime.

Q3： How to prove myself as the copyright owner?
A3： With the registration certificate or with a huge sum of original works, drafts, of which the time and validity could be proved before the court of the concerned country.

Q4： What are the evidences to prove my ownership of the copyright?
A4： Evidences include but not limited to,
1. Notes or draft during idea generation
2. Discussion records with other parties
3. Past publishing records of the works
4. Backup drafts

Q5： When do I need copyright certificate except for the purpose of protection?
The certificate can also be used as a proof to show to potential clients or partners while in exhibition, expanding overseas businesses or licensing. Click here to view more information if you are interested in licensing.

All information is referenced from HKIPD. You may click here to view more details.

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