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
|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)|
(include but not limited to)
|1. Application form
2. Applicant identity documents
3. Sample of the creative work
4. Details of the work
|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.
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.
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